State v. Bruesewitz

Heroin conviction.

In attacking the 1970 heroin conviction, the defendant asserts that a person who has reached the degree of heroin addiction and the resultant loss of self-control that the appellant had at the time of his use of heroin cannot be constitutionally adjudged guilty and imprisoned for the use of narcotics. The record shows that the defendant was first charged and found guilty of the use of narcotics in September of 1968. At that time he convinced the trial judge that he was addicted to the use of narcotics, *478and lie was placed on probation for four years. He was placed on…