Skip to content

Criminal LawThe act requirement

Martin v. State

Alabama Court of Appeals · Decided January 18, 1944 · Core case

Full citation

Martin v. State, 17 So. 2d 427 (Ala. Ct. App. 1944).

Quote pages are pages of 31 Ala. App. 334, the official report, so quotes and pinpoints cite it; for 17 So. 2d 427, find the page in that reporter.

VerifiedQuotes, pinpoints and citation checked word for word against the opinion; facts checked against the opinion before publication. October 20, 2026.

Martin

person convicted of public drunkennessappellant

State

state

The parties: Martin v. State.

Brief

Facts

Martin was charged with being drunk on a public highway. Officers arrested him at his home. They then took him onto the highway. The opinion says that, once he was there, he allegedly manifested a drunken condition by using loud and profane language. Those were the acts the opinion calls proscribed. The statute covers any person who, while intoxicated or drunk, appears in any public place where one or more persons are present and manifests a drunken condition by boisterous or indecent conduct, or loud and profane discourse. The penalty on conviction is a fine. The opinion does not describe the evidence beyond this. The key fact is how Martin came to be on the highway: the arresting officers took him there from his home. He was convicted at trial and appealed.

Issue

Can a person be convicted under the Alabama statute of appearing drunk in a public place when officers arrested him at his home and carried him to that public place?

Holding

Martin's conviction could not stand, because officers took him from his home onto the highway, so his presence there was not voluntary. It appeared to the court that no legal conviction could be sustained under the evidence, so it reversed and rendered judgment discharging him.

The rest of this brief is for subscribers

Every plan includes the procedural history, the rule and the reasoning, the IRAC and CREAC versions, every key quote with its pinpoint, the citation box with parallel citations and short forms and the exam angle.

Learn the citation form

Short video lessons on the rules behind this brief’s citations, each with two pause-and-practice exercises.

The Citation Code · citationcode.com/cases/martin-v-state