Citation: 31 Ala.App. 334 (Ala. Crim. App. 1944).
One-Sentence Takeaway: One cannot be guilty of a crime unless he or she committed the criminal act voluntarily.
Summary: Defendant was drunk at his home when he was arrested. As the officers took him to a public highway, Defendant started yelling profanities and he was later convicted of public intoxication under a statute that provided in part the following:
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, shall, on conviction, be fined.
The court of appeal reversed the conviction. The court reasoned that the statute required voluntary appearance at a public place and, here, Defendant did not appear at the public highway voluntarily. Instead, he was arrested at his home and taken to the highway by the police officers.