Ex parte Clifton

(concurring) :

I concur in the opinion of PRICE, P. J.

The effect of this kind of legislation, theoretically at least, would be to permit the Legislature to establish 67 varieties of punishment based solely on the county in which an offense was committed.

Punishment for delinquency verges on making a crime of a condition — not necessarily based on specific prohibited acts, i. e., a status crime. The Supreme Court of the United States has already ruled that a State may not constitutionally make it a crime for a person to be addicted to a narcotic drug. Yet it also has rejected “alcoholism” as…