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20. Can the defendant properly be convicted of violating the statute?
At trial, the evidence shows that the defendant was intoxicated when police officers burst into his house and arrested him pursuant to a valid warrant. It was a cold night, and the officers hustled the defendant out of his house without giving him time to get his coat. The defendant became angry and obstreperous when the officers refused to let him go back into the house to retrieve his coat. The officers left him handcuffed outside in the street, waiting for a special squad car to arrive. The arrest warrant was later vacated.
A defendant is charged with an offense under a statute that provides as follows: «Any person who, while intoxicated, appears in any public place and manifests a drunken condition by obstreperous or indecent conduct is guilty of a misdemeanor.»
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A is incorrect. As stated above, the defendant cannot properly be convicted, regardless of whether his claim is valid, because of the rule that a person is not guilty unless the act constituting the crime was committed voluntarily.
C is incorrect. Even though the defendant voluntarily became intoxicated, he did not voluntarily appear in a public place.
D is incorrect. Even though the defendant voluntarily behaved obstreperously, as stated above, he did not voluntarily appear in a public place.