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LEARY v. UNITED STATES

No. 23570.

383 F.2d 851 (1967)

Timothy LEARY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

September 29, 1967.

Attorney(s) appearing for the Case

Joel Jay Finer, Stanford, Cal., for appellant.

James R. Gough, Asst. U. S. Atty., Morton L. Susman, Ronald J. Blask, Asst. U. S. Atty., Houston, Tex., for appellee.

Before GEWIN and AINSWORTH, Circuit Judges, and LYNNE, District Judge.

AINSWORTH, Circuit Judge:

This unusual criminal case delves into the new realm of psychedelic experience, and into mysticism, religion and its free exercise. The principal issue we must decide is whether the conviction of appellant for violations of federal criminal statutes relating to marihuana — a psychedelic drug which the defendant claims he uses as a religious sacramental aid — contravenes the accused's First Amendment right to the free exercise...

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