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POWELL v. TEXAS

No. 405.

392 U.S. 514 (1968)

POWELL v. TEXAS.

Supreme Court of United States.

Decided June 17, 1968.

Attorney(s) appearing for the Case

Don L. Davis argued the cause for appellant, pro hac vice. With him on the briefs was Tom H. Davis.

David Robinson, Jr., argued the cause for appellee. With him on the briefs were Crawford C. Martin, Attorney General of Texas, George M. Cowden, First Assistant Attorney General, R. L. Lattimore and Lonny F. Zwiener, Assistant Attorneys General, and A. J. Carubbi, Jr.

Peter Barton Hutt argued the cause for the American Civil Liberties Union et al., as amici curiae, urging reversal. With him on the brief was Richard A. Merrill.

Briefs of amici curiae, urging reversal, were filed by Paul O'Dwyer for the National Council on Alcoholism, and by the Philadelphia Diagnostic and Relocation Services Corp.

MR. JUSTICE MARSHALL announced the judgment of the Court and delivered an opinion in which THE CHIEF JUSTICE, MR. JUSTICE BLACK, and MR. JUSTICE HARLAN join.

In late December 1966, appellant was arrested and charged with being found in a state of intoxication in a public place, in violation of Texas Penal Code, Art. 477 (1952), which reads as follows:

"Whoever shall get drunk or be found in a state of intoxication...

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