Involuntary Act by External Force

Martin v. State, 17 So. 2d 427 (Ala. App. 1944).

  • Procedural History: 
    • Parties: 
      • Martin: ∆, a.π
      • State: π, a,∆
  • Facts: a.π was arrested in his home and was taken to a public highway, where he exhibited drunken behaviors and acts against the law.
  • Issue: Whether a.π voluntarily appeared in a public space, through which being convicted of public intoxication.
  • Rule: To be convicted of a criminal offense, a person must voluntarily act in a manner that violates the law (actus reus).
  • Holding: No. 
  • Reasoning: a,π was arrested in private, but was alleged to have performed the acts in a public space. He did not voluntarily make an appearance in that public place, but rather was involuntarily taken to that public place. 
  • Judgment: Conviction reversed.
  • Notes: for an act to be logically criminal, the act or omission to act must be voluntarily made.