Of consequence, our original opinion of affirmance was likewise laid in error. It is therefore withdrawn.
Reversed and rendered.
1. The defendant did “appear” in public, didn’t he? If so, why does the court hold that the conviction was improper?
2. In answering the previous question, consider whether the court cites any legislative justification for its holding. That is, does the court find the rule of law relied upon in the statute itself? If not, is it appropriate for the court to add a requirement to the statute? Or is this an example of judicial activism (the court making, not interpreting the law)?
3. Consider the following example: instead of having been taken out of his home by the police, the defendant and his friends were celebrating his upcoming marriage and as a trick, his friends took him from his home involuntarily and left him stranded downtown in front of the local police station. An officer arrested him when the defendant started shouting in a loud and indecent manner. Apply the rule of Martin to this example.
4. What is a “voluntary” act? Compare the approach in section 2.01 of the Model Penal Code.