Criminal Law Keyed to Kadish
Powell v. Texas
Facts
Appellant Powell was arrested and charged under the Texas penal code for being in a state of intoxication in a public place. The state law provides “whoever shall get drunk or be found in a state of intoxication in any public place, or at any private house except his own, shall be fined no more than one hundred dollars.” Powell asserted the defense that he was a chronic alcoholic who was unable to control his drinking. The main testimony came from Dr. Wade, a psychiatrist who outlined the “disease” concept of alcoholism and alluded to the ongoing debate within the medical profession over whether alcohol is physically addicting or psychologically habituating. Wade concluded that a chronic alcoholic is an involuntary drinker who loses self-control over his drinking. Furthermore, Wade testified that Powell is a chronic alcoholic with an uncontrollable compulsion to drink. On cross-examination, Wade admitted that when appellant was sober, he knew right from wrong. Appellant testif ied that he had multiple arrests for drunk driving, he was unable to stop drinking, and he could not remember the arrest in question. However, he admitted to having a drink on the morning of the trial, but was able to stop drinking. The trial judge ruled as a matter of law that chronic alcoholism was not a defense to the charge and found Powell guilty of the offense.
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