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Martin v State

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Martin v State Powered By Docstoc
					Actus Reus
A Voluntary Act Martin v. State Facts: Martin was drunk on a public highway. Officers went to his home and arrested him, and then proceeded to return him to the highway where he allegedly committed the crime. Rules: 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, etc. 1940 Title 14, Section 120 Issues: Can a person who is drunk and is involuntarily taken to a place in public be arrested for be drunk and disorderly? Reasoning: No, a person who is drunk and is not in public cannot be taken into public and be arrested for being drunk and disorderly. Holding: Reversed and rendered


				
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posted:8/21/2007
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