Thomas F. Budd v. Frank I. Madigan, Sheriff

Appellant was convicted in a California municipal court of violation of California Penal Code, § 647 (f).

Without opinion, the Superior Court affirmed the conviction. An application for certification was denied by the District Court of Appeal. A subsequent petition for a writ of habeas corpus was denied by the California Supreme Court. Certiorari was denied by the United States Supreme Court. Budd v. California, 385 U.S. 909 , 87 S.Ct. 209 , 17 L.Ed.2d 138 (1966).

The case is before us on the denial, by the District Court, of appellant’s petition for habeas corpus.

Appellant was arrested for public drunkenness in Oakland on November 23, 1964, about 1:30 A.M., after the arresting officer had observed him “staggering quite badly”. While in this con dition, he entered a stranger’s parked automobile. The officer detected a strong odor of alcoholic liquor on appellant’s breath and noticed that his speech was slurred. Based on appellant's actions, and his own observations, the officer concluded that appellant was drunk in a public place and made the arrest.

Appellant advances two theories for reversal: (1) he contends that under Powell v. Texas, 392 U.S. 514 , 88 S.Ct. 2145 , 20…