Martin v. State

In Martin v. State, 31 Ala. App. 334, 17 So. 2d 427 (Ala. App. 1944), the defendant was drinking in his home when police officers arrested him and took him onto the highway, where he became loud and profane. The court reversed his conviction for public drunkenness because the plain terms of the statute, which prohibited a person from appearing in a public place and "manifesting a drunken condition by boisterous or indecent conduct, or loud and profane discourse," presuppose a voluntary appearance in a public place. Id.