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RAKES v. COLEMAN

Civ. A. No. 174-70-R.

359 F.Supp. 370 (1973)

Robert Bryant RAKES v. Bernard S. COLEMAN et al.

United States District Court, E. D. Virginia, Richmond Division.

June 6, 1973.

Attorney(s) appearing for the Case

Philip J. Hirschkop, Alexandria, Va., for plaintiff.

Andrew P. Miller, Atty. Gen., of Va., C. Tabor Cronk, Asst. Atty. Gen., Richmond, Va., for defendants.

MEMORANDUM

MERHIGE, District Judge.

This cause is before the Court on plaintiff's amended complaint wherein he seeks a judgment declaring that the eighth amendment to the Constitution requires state courts of Virginia to recognize the defense of alcoholism to a charge of drunk in public made under Virginia Code § 18.1-237 (Supp.1970). The amended complaint also requests the Court to declare that it is unconstitutional for an alcoholic to be held in...

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