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BUDD v. CALIFORNIA

No. 91, Misc.

385 U.S. 909 (1966)

BUDD v. CALIFORNIA.

Supreme Court of United States.

October 17, 1966.

Attorney(s) appearing for the Case

George F. Duke, Marshall W. Krause and James B. Schnake for petitioner. Thomas C. Lynch, Attorney General of California, Albert W. Harris, Jr., Assistant Attorney General, and William D. Stein, Deputy Attorney General, for respondent. Briefs of amici curiae, in support of the petition, were filed for the Public Defender of Sacramento County, and by Eugene I. Lambert for the Washington, D.C., Area Council on Alcoholism et al.

Certiorari denied.

MR. JUSTICE FORTAS, dissenting from the denial of certiorari.

This case presents the important question whether punishment may constitutionally be inflicted, pursuant to § 647 (f) of the California Penal Code, upon a person suffering from the disease of alcoholism — as distinguished from drunkenness or periodic, voluntary overindulgence in intoxicants. The California statute provides, in part, that any person "found in any public...

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