Gorham v. United States

FICKLING, Associate Judge,

with whom KERN, Associate Judge, joins (dissenting) :

In my opinion the question squarely presented by these cases is whether the court below erred in refusing to accept appellants’ proffered test of criminal liability. Appellants contend that this court should recognize an affirmative defense based upon drug dependence to two crimes only, i. e., illegal possession of heroin, D.C.Code 1973, § 33-402(a), and possession of implements of crime (narcotic paraphernalia), D.C.Code 1973, § 22-3601 (hereinafter, PIC). Rather than considering appellants’ contention in the…