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Legal Opinion

Driver v. Hinnant

District Court, E.D. North Carolina

Decided June 24, 1965No. Civ. 1639PublishedCited by 5 opinions

1Opinion of the Court

BUTLER, Chief Judge.

This application for writ of habeas corpus on behalf of a state prisoner presents the question whether the imprisonment of a chronic alcoholic for public drunkenness constitutes cruel and unusual punishment.

Joe B. Driver is confined pursuant to concurrent sentences of two years imprisonment imposed by the Superior Court of Durham County, North Carolina, upon his plea of guilty to two charges of a fifth offense of public drunkenness within a twelve-month period. 1 At the trial, petitioner testified:

“I am fifty-eight years old and was first arrested for drunkenness at age…

2Cases cited25 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Robinson v. CaliforniaSupreme Court of the United States · 1962
  3. Trop v. DullesSupreme Court of the United States · 1958
  4. Weems v. United StatesSupreme Court of the United States · 1910
  5. In Re KemmlerSupreme Court of the United States · 1890

20 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Dewitt Easter v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1966
  2. Joe B. Driver v. Arthur Hinnant, Superintendent Halifax County Prison Unit of the North Carolina State Prison DepartmentCourt of Appeals for the Fourth Circuit · 1966
  3. People v. HoyMichigan Supreme Court · 1968
  4. Dewitt Easter v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1966
  5. People v. HoyMichigan Supreme Court · 1968

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