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DRIVER v. HINNANT

Civ. No. 1639.

243 F.Supp. 95 (1965)

Joe B. DRIVER, Petitioner, v. Arthur HINNANT, Superintendent, Halifax County Prison Unit of the North Carolina State Prison Department, Respondent.

United States District Court E. D. North Carolina, Raleigh Division.

June 24, 1965.

Attorney(s) appearing for the Case

Anthony M. Brannon and J. Milton Read, Jr., Durham, N. C., for petitioner.

Covington & Burling, Peter Barton Hutt and Michael S. Horne, Washington, D. C., amici curiae.

T. Wade Bruton, Atty. Gen. of North Carolina, by Theodore S. Brown, Jr., Staff Atty., Raleigh, N. C., for respondent.

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...

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