United States v. Burns

I concur.

Because I prefer to base my decision on a legal concept which is not mentioned in the majority opinion, I file this concurring opinion.

In order to decide whether instructions concerning the accused’s mental capacity to entertain a specific intent were required, it is necessary to determine the manner in which his ir-restible impulse affected his responsibility for the crime of robbery. For the purposes of ascertaining whether the issue of a mental deficiency not amounting to legal insanity was raised reasonably, we must accept the testimony that the assault committed by the accused…