PIERCE v. TURNER

No. C 84-67.

276 F.Supp. 289 (1967)

Ray Wayne PIERCE, Plaintiff, v. John W. TURNER, Warden, Utah State Prison, Defendant.

United States District Court D. Utah, Central Division.

October 23, 1967.


Attorney(s) appearing for the Case

Delbert M. Draper, Jr.,* Salt Lake City, Utah, for plaintiff.

Phil L. Hansen, Atty. Gen. for State of Utah, Gerald G. Gundry, Asst. Atty. Gen., for defendant.


MEMORANDUM DECISION

CHRISTENSEN, District Judge.

In the contemporary setting of psychiatry, psychosis, psychology, sociology, sensualism, psychedelics and sniffing of glue, again there is under attack in this case the continued constitutional viability of the venerable M'Naghten.1 And another old common law concept—that voluntary intoxication is no excuse for the commission of crime but may be considered only in...

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