FRANKLIN v. UNITED STATES

No. 5960.

339 A.2d 398 (1975)

William Russell FRANKLIN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 7, 1975.


Attorney(s) appearing for the Case

Gary D. Wilson and Ann K. Macrory, Washington, D. C., appointed by this court, with whom John H. Pickering, Vaughn C. Williams, Michael L. Burack, and Roderic V. O. Boggs, Washington, D. C., were on the brief, for appellant.

Richard L. Cys, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, Oscar Altshuler, Roger M. Adelman, and Lawrence P. Lataif, Asst. U. S. Attys., were on the brief, for appellee.

Robert L. Palmer, Washington, D. C., with whom Robert N. Sayler, Washington, D. C., was on the brief, for the Washington Area Council on Alcoholism and Drug Abuse, Inc., as amicus curiae.

Before REILLY, Chief Judge, and KELLY, FICKLING, KERN, GALLAGHER, NEBEKER, PAIR, YEAGLEY and HARRIS, Associate Judges.


GALLAGHER, Associate Judge.

On February 27, 1973, a panel of this court issued an opinion in Franklin v. United States (D.C.App., No. 5960), one judge dissenting, holding that a defendant charged with possession of narcotics or narcotics paraphernalia, who is a non-trafficker, is entitled to raise an affirmative defense that he lacked capacity (a substantial loss of control) to refrain from using narcotics, i. e., that he is an "addict" or "drug user" as defined...

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