Martin v. State

31 Ala. App. 334, 1944 Ala. App. LEXIS 298, 17 So. 2d 427

 

RULE:

An accusation of drunkenness in a designated public place cannot be established by proof that the accused, while in an intoxicated condition, was involuntarily and forcibly carried to that place by the arresting officer. 

FACTS:

Defendant was arrested at his home and taken into a public place by police where he allegedly manifested a drunken condition by using loud and profane language. Defendant was convicted of public drunkenness and he appealed. 

ISSUE:

Was the Defendant’s conviction proper?

ANSWER:

No.

CONCLUSION:

The pertinent provisions of the subject statute are: "Any person who, while intoxicated or drunk, appears in any public place where one or more persons are present, * * * and manifests a drunken condition by boisterous or indecent conduct, or loud and profane discourse, shall, on conviction, be fined" Under the plain terms of this statute, a voluntary appearance is presupposed. The court reversed defendant's conviction and concluded that an accusation of drunkenness in a designated public place could not be established by proof that the accused, while in an intoxicated condition, was involuntarily and forcibly carried to that place by an arresting officer.

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