United States v. Santiago Gonzales Castro

I concur in the result. I am filing this concurring opinion because I want to express my disagreement with the doctrine stated in the majority opinion. I admit that the occasions when that doctrine will have significance for an upper court will be few, but I consider the doctrine too inflexible .to do justice in those few cases. The doctrine has been long established by the decisions of this court. We have often held as follows:(1) The trial judge commits reversible error if he does not instruct the jurors that, in order to find the accused guilty, they must conclude that his guilt has been…