This site is a developmental version of Wiki Law School. To go to the production site: www.wikilawschool.org
Martin v. State
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
| 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.
