Boyd v. United States

• Decision Date: 19 April 1926
• Docket Number: No. 365,365
• Citation: 271 U.S. 104,46 S.Ct. 442,70 L.Ed. 857
• Parties: BOYD v. UNITED STATES
• Court: U.S. Supreme Court

271 U.S. 104

46 S.Ct. 442

70 L.Ed. 857

BOYD

v UNITED STATES.

No. 365.

Argued Dec. 1, 1925.

Decided April 19, 1926.

Mr. Sam E. Whitaker, of Chattanooga, Tenn., for petitioner.

Mr. Assistant Attorney General Donovan, for the United States.

Mr. Justice VAN DEVANTER delivered the opinion of the Court.

This was a prosecution under Harrison Anti-Narcotic Act, c. 1, 38 Stat. 785, as amended by chapter 18, 40 Stat. 1130 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 6287g et seq.). The indictment contained thirteen counts. The defendant was acquitted on seven and convicted on six, and the conviction was affirmed by the Circuit Court of Appeals. 4 F.(2d) 1014. The case is here on writ of certiorari.

In each of the six counts the defendant was described as a physician, registered as such under the act, and credited with paying the special tax required of physicians, and was charged with unlawfully dispensing-through his written prescription-a stated quantity of morphine sulphate to a particular person, in the absence of a written order from the recipient on an authorized form, and not in the course of professional practice only, but to enable the recipient to obtain, as actually wad done, possession of that quantity of the drug contrary to law. The prescriptions as set forth were: To Annie Davis, an addict to the use of the drug for 21 years, 48 grains on August 2, 48 grains on August 9, and 40 grains on August 13, all in 1923; and to Frank O'Hara, an addict for 18 years, 30 grains on August 18, 30 grains on August 24, and 30 grains on August 30, all in 1923.

On the trial the government proved and the defendant admitted that he was a physician, was registered under the act, and had paid the special tax required of a physician; that he issued the prescriptions without written orders from the recipients on an authorized form; that he intended the recipients should obtain the during in the quantities specified from a local dealer; that they did so obtain it under the prescriptions; that they had been coming to the defendant for long periods, and he knew they were confirmed addicts, whose will had come to be subservient to their acquired craving for the drug; that they were in a position after the prescriptions were filled where they could administer the drug to themselves according to their own inclinations, or dispose of it to others; and that each prescription was for a quantity greatly in excess of what would be appropriate for immediate administration.

The disputed question was whether the defendant issued the prescriptions in good faith, in the course of his professional practice. On this point the evidence was con- flicting. That for the government tended strongly to show that the prescriptions were for quantities many times in excess of what, according to any fair medical standard, reasonably could be put into the possession of confirmed addicts, even when treating them for the addiction, or endeavoring to relieve them from suffering incident to it, and that the prescriptions could only have been issued to enable the recipients to indulge their acquired longing for the drug and its effects. Much of that for the defendant tended to show that he issued the prescriptions in good faith, in the course of professionally treating the recipients for their addiction, and endeavoring to relieve them from its incidents. But some of the evidence in his behalf was pronouncedly corroborative of that for the government. Thus the testimony of other physicians whom he called as witnesses, while tending to approve his asserted method of treatment, also tended to show that the prescriptions in question were grossly excessive and unreasonable, according to any fair medical standard; and his personal testimony contained contradictions and admissions...