In this specific case, Powell was arrested in Travis County in late December 1966 on yet another public intoxication charge. His case was heard before the Corporation Court of Austin, Texas (what the Austin municipal court was then called); Powell was once again found guilty and was once again fined $20. This time, though, his defense counsel appealed the conviction to the Travis County Court of Law No. 1 on the grounds that Powell could not be arrested for being an alcoholic. The County Court heard the case de novo and Powell was again found guilty and fined him $50. As no further appeals were available for Powell within the Texas judicial system, his counsel appealed to the United States Supreme Court.