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State V Powell New Mexico Court of Appeals Form

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millions of americans are alcoholics and many states criminalize public intoxication but what if a defendant is a chronic alcoholic whose compulsion to drink is so strong that it overcomes the defendant's ability to avoid becoming intoxicated and once the defendant starts drinking overcomes his or her ability to stay out of public view would it be unconstitutional to prosecute such a person for public intoxication the united states supreme court addressed this question in the 1968 case of powell versus texas a police officer in austin texas noticed that leroy powell an elderly man was visibly drunk on a public street the officer arrested powell for public intoxication a petty misdemeanor offense punishable only by a fine powell had previously been arrested approximately 100 times for public intoxication powell was convicted in municipal court and fined he appealed to the travis county court at law where he had a trial de novo a psychiatrist witness for the defense testified tha

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