State v. Foster
COA AL - 1944
- D was arrested at his home and transported by the police on a highway. While on the highway, D manifested a drunken condition.
- D was subsequently convicted for being drunk on a public highway.
- Lower court found D guilty.
- AL COA reversed, D not guilty.
- What kind of act is required in order to be convicted of a criminal offense?
- A D's conduct must include a voluntary act or omission in order to constitute a criminal offense. (actus reus)
- The D was drunk and forcibly brought into public by the police. This was not a voluntary act by the D.
- For conduct to be wrongful, it must either be a voluntary act or omission to act. This alone isn't sufficient but is an essential element.
- Involuntary acts do not require correction by the penal system even if they are threatening.