Criminal LawThe act requirement
Powell v. Texas
Supreme Court of the United States · Decided June 17, 1968 · Core case
Full citation
Powell v. Texas, 392 U.S. 514 (1968).
VerifiedQuotes, pinpoints and citation checked word for word against the opinion; facts checked against the opinion before publication. October 20, 2026.
Powell
chronic alcoholicappellant
Texas
stateappellee
Brief
Facts
In late December 1966, Leroy Powell was arrested in Austin, Texas, and charged with being found in a state of intoxication in a public place, under Article 477 of the Texas Penal Code. He had been convicted of public intoxication approximately 100 times since 1949. He worked at a tavern shining shoes, earning about $12 a week, which he used to buy wine. He had a home and wife, but did not contribute to his family's support. He drank wine every day and got drunk about once a week. When drunk, he usually went to sleep, mostly in public places such as the sidewalk, and he did not become violent or disturb others. At trial, a psychiatrist testified that Powell was a chronic alcoholic with an uncontrollable compulsion to drink, who lacked the willpower to resist the constant excessive consumption of alcohol. On cross-examination, the psychiatrist agreed that when sober, Powell knew right from wrong and that taking the first drink was a voluntary exercise of his will. He added that the compulsion, while not completely overpowering, was an exceedingly strong influence. Powell testified that he took one drink on the morning of trial and stopped because he had to be in court. On redirect, he said the drink had been given to him, and he agreed that this was what controlled how much he drank that morning.
Issue
Does the Cruel and Unusual Punishment Clause of the Eighth Amendment prohibit a State from criminally convicting a chronic alcoholic for being found in a state of intoxication in a public place?
Holding
The Court affirmed Powell's conviction for being found drunk in a public place. Justice Marshall's plurality concluded that Texas punished public behavior on a particular occasion, not the status of chronic alcoholism, and declined to create a constitutional compulsion defense. Justice White, concurring in the result, concluded that Powell made no showing that he could not have done his drinking in private or that he was unable to stay off the streets on the night in question.
IRAC
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/powell-v-texas