Martin v. State

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
Revision as of 02:40, July 14, 2023 by Lost Student (talk | contribs) (Text replacement - "|case_treatment=No " to "")
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)

Martin v. State
Court Alabama Court of Appeals
Citation 31 Ala.App. 334
17 So.2d 427
Date decided 1944

Facts

The defendant was arrested at his home and taken on a public highway by the officers who then charge him with being drunk in a public place.

Issues

Whether a voluntary appearance is presupposed for public drunkenness.

Holding

Judgment for the defendant

Rule

Drunkenness in a public place cannot be established by proof that the accused, while intoxicated, was involuntarily and forcibly carried to that place by the arresting officer.

Some statutes have implications.