Boyd v. United States, No. 365

CourtUnited States Supreme Court
Writing for the CourtVAN DEVANTER
Citation271 U.S. 104,46 S.Ct. 442,70 L.Ed. 857
Docket NumberNo. 365
Decision Date19 April 1926
PartiesBOYD v. UNITED STATES

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.

Page 105

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-

Page 106

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...

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173 practice notes
  • U.S. v. Torres, Nos. 1244
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 3, 1990
    ...of the overall charge." Cupp v. Naughten, 414 U.S. 141, 146-47, 94 S.Ct. 396, 400, 38 L.Ed.2d 368 (1973) (citing Boyd v. United States, 271 U.S. 104, 107, 46 S.Ct. 442, 443, 70 L.Ed. 857 (1926)). "Moreover, in reviewing jury instructions, our task is also to view the charge itself as part o......
  • Sprouse v. Stephens, No. 13–70018.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 7, 2014
    ...artificial isolation, but must be viewed in the context of the overall charge.” Id. at 378, 110 S.Ct. 1190 (quoting Boyd v. United States, 271 U.S. 104, 107, 46 S.Ct. 442, 70 L.Ed. 857 (1926)).B. To obtain relief, Sprouse must establish that the state court unreasonably applied Penry I, Boy......
  • U.S. v. O'Grady, No. 782
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • July 12, 1984
    ...of the overall charge.' Cupp v. Naughten, 414 U.S. 141, 146-47, 94 S.Ct. 396, 400-01, 38 L.Ed.2d 368 (1973). See Boyd v. United States, 271 U.S. 104, 107, 46 S.Ct. 442, 443, 70 L.Ed. 857 * * * * * * "Moreover, in reviewing jury instructions, our task is also to view the charge itself as par......
  • Thorne v. United States, 3:17-cv-234-MOC
    • United States
    • United States District Courts. 4th Circuit. Western District of North Carolina
    • June 29, 2020
    ...must be viewed in the context of the overall charge. Cupp v. Naughten, 414 U.S. 141, 146-47 (1973) (citing Boyd v. United States, 271 U.S. 104, 107 (1926)). Petitioner's arguments are refuted by the record. The Court fairly stated the controlling law with regards to each of the charges by r......
  • Request a trial to view additional results
173 cases
  • U.S. v. Torres, Nos. 1244
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 3, 1990
    ...of the overall charge." Cupp v. Naughten, 414 U.S. 141, 146-47, 94 S.Ct. 396, 400, 38 L.Ed.2d 368 (1973) (citing Boyd v. United States, 271 U.S. 104, 107, 46 S.Ct. 442, 443, 70 L.Ed. 857 (1926)). "Moreover, in reviewing jury instructions, our task is also to view the charge itself as part o......
  • Sprouse v. Stephens, No. 13–70018.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 7, 2014
    ...artificial isolation, but must be viewed in the context of the overall charge.” Id. at 378, 110 S.Ct. 1190 (quoting Boyd v. United States, 271 U.S. 104, 107, 46 S.Ct. 442, 70 L.Ed. 857 (1926)).B. To obtain relief, Sprouse must establish that the state court unreasonably applied Penry I, Boy......
  • U.S. v. O'Grady, No. 782
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • July 12, 1984
    ...of the overall charge.' Cupp v. Naughten, 414 U.S. 141, 146-47, 94 S.Ct. 396, 400-01, 38 L.Ed.2d 368 (1973). See Boyd v. United States, 271 U.S. 104, 107, 46 S.Ct. 442, 443, 70 L.Ed. 857 * * * * * * "Moreover, in reviewing jury instructions, our task is also to view the charge itself as par......
  • Thorne v. United States, 3:17-cv-234-MOC
    • United States
    • United States District Courts. 4th Circuit. Western District of North Carolina
    • June 29, 2020
    ...must be viewed in the context of the overall charge. Cupp v. Naughten, 414 U.S. 141, 146-47 (1973) (citing Boyd v. United States, 271 U.S. 104, 107 (1926)). Petitioner's arguments are refuted by the record. The Court fairly stated the controlling law with regards to each of the charges by r......
  • Request a trial to view additional results

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