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:

Police officers arrested defendant at his home and took him to a public highway, where he allegedly manifested a drunken condition by using loud and profane language. Defendant was subsequently convicted of being drunk on a public highway.

ISSUE:

Can public drunkenness be established by proof that the intoxicated accused was involuntarily carried to a public place by police?

ANSWER:

No, under the plain terms of the public drunkenness statute, a voluntary appearance is presupposed.

CONCLUSION:

Under the plain terms of the public drunkenness statute, a voluntary appearance is presupposed. 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. Defendant’s conviction was contrary to that principle and therefore erroneous.

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