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Martin v. State

31 Ala. App. 334

tl;dr: The state cannot force someone into a situation that satisfies the elements of a criminal act and then prosecute him for the criminal act.

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The Court of Appeals of Alabama reheard the case of "Martin v. State" on March 21, 1944, after the appellant was convicted of being drunk on a public highway. The court found that an accusation of drunkenness in a designated public place cannot be established if the accused was involuntarily and forcibly carried to that place by the arresting officer. The conviction was erroneous and contrary to legal precedents and relevant statutes. The court reversed the judgment of the trial court, discharged the appellant, and withdrew their original opinion of affirmance as it was laid in error.

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Facts & Holding

Facts:Martin was arrested at his home while he was in...

Holding:The court held that, even though the statute does not...

Martin v. State

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