April 1, 2020

Martin v. State | Case Brief - 31 Ala. App. 17 So. 2d 427 (1994) - Alabama Court of Appeals

Facts: Martin was intoxicated. Officers of the law arrested him at home and then took him onto the where he appeared to be drunk. Martin was loud and used profane language.

Procedural History: Trial court found Martin guilty.

Issue: Was Martin in violation of the statute on public drunkenness if he did not voluntarily appear in public?

Holding: No

Rationale: The terms of the statute presuppose a voluntary appearance in public.

Disposition: Reversed and rendered.

The Drunkenness of Noah by Michelangelo, 1509 (SOURCE: Wikipedia)