Friday, November 15, 2013

Martin v. State case brief

Martin v. State case brief summary
17 So.2d 427 (1944)


CASE SYNOPSIS
Defendant appealed the judgment of the Circuit Court, Houston County (Alabama), which convicted him of public drunkenness.

CASE FACTS
Defendant was arrested at his home and taken into a public place by police where he allegedly manifested a drunken condition by using loud and profane language. Defendant was convicted of public drunkenness and he appealed.

DISCUSSION
The court reversed defendant's conviction and concluded that an accusation of drunkenness in a designated public place could not be established by proof that the accused, while in an intoxicated condition, was involuntarily and forcibly carried to that place by an arresting officer.

CONCLUSION
The court reversed defendant's conviction of public drunkenness.


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