New Britain herald., 1930-01-28
Quotes Brooklyn Court Which Rules Man Is Not Drunk If He Is Lying Down But Can Rise Again and Drink Some More.

An unusual spectacle Was staged ill police court today when Abraham Isao". &7. ot i>o Main street. went 10 'rial on inc charge Of Irmkcn- nos and his attorney Andrew $ Anaronian criticized Officer John O'N"cfe for not calling tayirab for Isaac Or taking pains to sec that h." was escorted to "a place ot safe 'S' rather than aIrcStng him.
 Prosecuting Attorney j. G. Woods called Attorney Aharonian's argu- mout '1h" strauecst have heard in IL ycars in thjs court" and Judge Sax" making a finding Of guilty with Judgment suspended on pHy- ment CT costs. said the officer Was Hndor no obligation whatever 10 look after an intoxicated man to 1hc extent suggested by the attorney.
 When the case was called yostur- day, Attorney Aharonian obtained q continuance until today. and after Officer O'kccfc had testified 10 inc circumstances surrounding inc ar rest, the attorney cross examined hint at length, bringing ont that Isaac was supporting himself with one hand against tine side of 4 build ing at North street and Ilgr.ford avenue at 2:3o o'clock Sunday morning, condition which proInpt- | l,, ,.tlt, rf,,, hi
 Isaac told him h. wanted 10 go 10 Main street and inc officer might have lei him go if h" had not point rd north on Hartford avonuc when asked the direction of Nam street. When the officer called inc wagon" from th" signal box, Isaac wanted 10 know if inc was getting a taNicab for him. X few minutes later he knew jt WAS not d taNicab.
 Officer O'KccGe testified thai there was no question about lsaac's iu- ability 10 look after himself and there was an alcoholic odor apparent W hich Was "vcrv strong" Officer Charles Wcaro testified that when he arrived on the wagon" and brought Isaac 10 tn" station he was obliged 10 support him at the desk and on inc way 1o the cell room, otherwise he would have fallen down.
 Isaac admitted on the witness stand that he had one drink c. win" and ii affected him but h" was mol
  preached hiu, Isaac badc him good morning and the policeman replied in like vein. Then Isaac mad" known his wish 10 b" driven houn, by taAicah, but instead tue police man called the "Wagou." This was contradictory to Officer OKcrfc's [. ti'n"nv tb@t TO mention was mad" Of taNicab until tine call Was being spn tp popic" headquartcrS.
 Attorney Aharomjan assured the co4f1 that he had no desire to make a mountain Of a molchill and hr realized that il Was customary 10 plead guilty 10 q drunkenness charge. but he doubted that lsaac was drunk, and he quoted th" statute defining drunkenness. A surrogate judge in Brooklyn hao held. the attorney said. that Il man N ho is on the floor but can get up and driuK some more is not Grunk, but if he cannot com" up for anoth- cr try, jhon he Is drunk. TO lrau against d hutldmG at 2:3o Tn the moruu2 Is not au olfcnsr. the at lorn,y cont'ndcd, nor does it prove that a man cannot take care Of himself T have often leaned against q building but was not drunh." 1c said.
 Judge Sax" called the attorneys attention 10 Isaac'a own admission that h." had been drinking, and in hIs opinion Officer Okoefe did