Court of Appeals, Alabama
- Public drunkenness
- Defendant claims that he was at home drunk, and then the officer drove him to the highway where the profanity ensued…
- Statue states…..
- “Any person who, while intoxicated or drunk, appears in public place where one or more persons are present…and manifests a drunken condition by boisterous or indecent conduct, or loud and profane discourse, shall, on conviction, be fined.”
- Under this discourse, a voluntary appearance is pre-supposed.
- Was this person involuntarily and forcibly carried to that place by the arresting officer?
- Was Martin under this statue of public drunkenness?
- No, he wasn’t.
- It is pre-supposed that it is a voluntary appearance in public place where pubic drunkenness must occur. In this case, Martin was brought to public place against his own will.
- Reversed and rendered.
- Requirement of a voluntary act (model penal code).
- Person is not guilty of an offense unless his liability is based on conduct that includes voluntary actions.
- Possession is an act, within the meaning of this section, IF the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.
*** How precisely can draw the voluntary/involuntary distinction?***
- Look at People vs. Grant.