Angle v. State
Alabama Court of Appeals
Appeal from Cleburne Circuit Court. Heard before Hon. Hugh D. Merrill. Newt Angle was convicted of appearing in a public place while intoxicated, and he appeals.
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Appeal from Cleburne Circuit Court. Heard before Hon. Hugh D. Merrill. Newt Angle was convicted of appearing in a public place while intoxicated, and he appeals. The indictment charges in the first count that Newt Angle, while intoxicated or drunk, did appear in a public place, to wit, within the curtilage of the private residence of Marcellus Payne, where one or more persons were present, and manifested his drunken condition by boisterous and indecent conduct, or loud and profane discourse. The second count charges the entering into or going sufficiently near to the dwelling house of…
1Opinion of the CourtWalker, P. J.
The first count .of the indictment, in averring that the alleged misconduct of the defendant was “in a public place, to wit, Avithin the curtilage of the private residence of Marcellus Payne, Avhere one or more persons were present,” imported that the place specified Avas, at the time referred to, a public one. A place within the curtilage of a private residence may, by the use to Avhich it is put, be made a public one, within the meaning of the statute (Code, '§ 6770), Avhich makes it an offense for any person, Avhile intoxicated or drunk, to .appear in a public place where one or more…
2Cases cited3 opinions
- Bessemer Liquor Co. v. TillmanSupreme Court of Alabama · 1903
- Dorsey v. StateSupreme Court of Alabama · 1901
- Kress v. LawrenceSupreme Court of Alabama · 1908
3Cited by1 opinion
- Wade v. StateAlabama Court of Appeals · 1916