Martin v. State

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


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.


Whether a voluntary appearance is presupposed for public drunkenness.


Judgment for the defendant


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.

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