ROBINSON V. CALIFORNIA 370 U.S. 660 (1962) CASE BRIEF

ROBINSON V. CALIFORNIA

370 U.S. 660 (1962)

NATURE OF THE CASE: Robinson (D) appealed a conviction by jury on a that statute makes it a misdemeanor to 'be addicted to the use of narcotics.'

FACTS: California makes it a criminal offense for a person to 'be addicted to the use of narcotics.' D was convicted for violating the statute after a jury trial. A police officer had examined D's arms one evening on a street in Los Angeles some four months before the trial. There was 'scar tissue and discoloration on the inside' of the D's right arm, and 'what appeared to be numerous needle marks and a scab which was approximately three inches below the crook of the elbow' on D's left arm. The officer also testified that D, under questioning had admitted to the occasional use of narcotics. Another officer observed D the next morning and based on his 10 years experience in Narcotics that the marks were from using unsterile needles to inject drugs. D was not under the influence at the time of his arrest but D did admit to using drugs in the past. D claimed the marks on his arms as resulting from an allergic condition contracted during his military service. D's testimony was corroborated by two witnesses. The judge further instructed the jury that D could be convicted under a general verdict if the jury agreed either that he was of the 'status' or had committed the 'act' denounced by the statute. ' All that P must show is either that the defendant did use a narcotic in Los Angeles County, or that while in the City of Los Angeles he was addicted to the use of narcotics . . . .' D was convicted and appealed. State courts affirmed the conviction. The Supreme Court granted certiorari.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner


No comments:

Post a Comment