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GARDNER v. HARRIS

No. 24485.

391 F.2d 885 (1968)

Malcolm GARDNER, Appellant, v. Robin HARRIS, M.D., Appellee.

United States Court of Appeals Fifth Circuit.

March 26, 1968.

Attorney(s) appearing for the Case

Robert E. Hauberg, U. S. Atty., Joseph E. Brown, Jr., Asst. U. S. Atty., Jackson, Miss., Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, A. Donald Miler, Attys., Dept. of Justice, Washington, D. C., for appellant.

No appearance for appellee.

Before JOHN R. BROWN, Chief Judge, and GEWIN and WRIGHT, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Blackstone said that the concept "that the king can do no wrong is a necessary and fundamental principle of the English constitution."1 Now in the 20th Century and in at least a part of the world long made safe for democracy the law persists in the view that seems to say that Blackstone is still right. And not even equity — the King's conscience — can help.2 As a result...

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