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Martin v. State | 17 So.2d 427 (1944)

Should a person ever be held responsible for doing something that wasn’t the result of his or her free will? The Alabama Court of Appeals addressed this rather philosophical question in Martin versus State.

After a heavy night of drinking, Cephus Martin was intoxicated inside the privacy of his own home. Police officers arrived and arrested him. They then removed him from his home against his will and transported him on a public highway. Martin, still intoxicated, used loud and profane language while being transported.

Martin was then charged with public drunkenness. The relevant state statute provided that public drunkenness occurs when a person quote, “appears in any public place, where one or more persons are present . . . and manifests a drunken condition by . . . loud and profane discourse,” unquote.

Martin was convicted in state circuit court. He appealed to the Alabama Court of Appeals, contending that his conviction was unlawful because he didn’t voluntarily appear in public in an intoxicated state.

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