Roden v. State

Decided November 15, 1902

Supreme Court of Alabama · decided 1902-11-15

Tried before the Hon. A. H. Alston. The appellant in this case, John Roden, was indicted, tried and convicted for drunkenness in a public place, in violation of the statute, Oode, § 4656. The evidence for the-State tended to show that the defendant appeared in a public place in a drunken condition and manifested the same by boisterous conduct and loud and profane discourse.

Cited by 2 later decisions — most recently June 1928

2 state decisions

Relies on State ex rel. Attorney-General v. Savage · Standard Life & Accident Insurance v. Jones · State ex rel. Attorney-General v. Robinson

Good law ✅— No negative treatment on recordhow we know

Decided 1902-11-15

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MoCLEULAN, C. J.-

¶1— -The first charge requested by the defendant.- — -“Intoxication in the meaning of this statute means being under the influence of alcoholic drinks to such an extent that his mental or physical faculties are interfered with or disturbed thereby, and if neither was so disturbed or interfered with by the liquor which defendant had drunk, you should find him not guilty” — should have been given. A person cannot be said to be intoxicated or drunk when his potations do not affect — disturb or interfere with — his mental or physical faculties. — Standard Life & Accident Ins. Co. v. Jones, 94 Ala. 434, 441-2; Wadsworth v. Dunnum, 98 Ala. 610, 613-14; Black Intox. Liquors, § 423; State v. Savage, 89 Ala. 1, 8; State v. Robinson, 111 Ala. 482, 485.

¶2 *91We find no error in the other rulings of the court to which exceptions were reserved.

¶3Beversed and remanded.