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DRIVER v. HINNANT

No. 10166.

356 F.2d 761 (1966)

Joe B. DRIVER, Appellant, v. Arthur HINNANT, Superintendent Halifax County Prison Unit of the North Carolina State Prison Department, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 22, 1966.

Attorney(s) appearing for the Case

Anthony Mason Brannon, Durham, N. C. (Brannon & Read, Durham, N. C., on brief), for appellant.

Theodore C. Brown, Jr., Asst. Atty. Gen. of North Carolina (T. W. Bruton, Atty. Gen. of North Carolina, on brief), for appellee.

Peter Barton Hutt, Richard A. Merrill and Michael S. Horne, Covington & Burling, Washington, D. C., for American Civil Liberties Union, National Capital Area Civil Liberties Union and Washington Area Council on Alcoholism, amici curiae.

Before BRYAN and BELL, Circuit Judges, and MAXWELL, District Judge.

ALBERT V. BRYAN, Circuit Judge:

The question is whether a chronic alcoholic, as appellant Joe B. Driver has been proved and confesses to be, can Constitutionally be criminally convicted and sentenced, as he was, for public drunkenness.

Admitting the truth of the charge under the North Carolina statute, he grounded his defense on the Eighth Amendment, applied to the States under the due process clause of the Fourteenth...

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