Martin v State

Facts

Police arrested Martin at his home and took him onto the highway, where he was drunk and behaved accordingly. He was convicted of appearing in a public place while intoxicated and manifesting a drunken condition.

Issue

Does the offence require a voluntary appearance?

Held

The Alabama court quashed the conviction. A voluntary appearance is presupposed. Being carried there by the police is not appearing.

Principle

Where the statute speaks of appearing in public, the appearance must be the accused's own act.

Why it matters

It is the control on Larsonneur and Winzar. The wording of the offence decides.

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