Martin v. State

17 So. 2d 427 · Alabama Court of Appeals · 1944

Facts

Officers arrested the appellant at his home. They then took him onto a public highway. While on the highway, he allegedly manifested a drunken condition by using loud and profane language. He was subsequently convicted of being drunk on a public highway.

Procedural history

Appellant was convicted of being drunk on a public highway. He appealed this conviction. This court initially issued an opinion of affirmance, but subsequently withdrew it. The court now reverses the judgment of the trial court and discharges the appellant.

Issue

Can a person be convicted of public drunkenness if they were involuntarily and forcibly brought to the public place by arresting officers?

Holding

No, a conviction for public drunkenness cannot be sustained if the accused was involuntarily brought to the public place by arresting officers. The court reversed the conviction and discharged the appellant.

Rule

The statute prohibiting public drunkenness, which involves manifesting a drunken condition in a public place, presupposes a voluntary appearance. 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 an arresting officer. The court found this rule sound and consistent with precedent, concluding that the conviction was contrary to this principle.

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Case brief last reviewed 2026-09-12. Prepared by CaseReader from the published opinion.