Liability for public drunk and disorderly behaviour under Alabama State law requires the defendant to display a willingness to appear so, while in this case the accused was found within the privacy of his own property at the time of arrest, thus the court was left explaining the process to those bringing charges.
After receiving reports of a drunken man walking along the local highway, the respondent police force located and apprehended the appellant in his home address, before charging him with public intoxication under § 120 of the Alabama Criminal Code of 1940, which read in relevant part that:
“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”
Whereupon the Circuit Court of Houston County convicted the appellant accordingly, and after which he challenged the judgment in the Alabama Court of Appeals, who simply referred to Thomas v. State, in which the Georgia Court of Appeals had held that:
“[T]he place where the drunken condition exists is no less essential to the offense than the condition itself….”Thomas v. State
While further noting that on this occasion the arresting officers had physically escorted the appellant from his house to the location described in order to secure their arrest, hence the court instantly reversed circuit court judgment in full while reminding the attending parties that:
“[A]n accusation of drunkenness in a designated public place cannot be established by proof that the accused, while in an intoxicated condition, was involuntarily and forcibly carried to that place by the arresting officer.