In RE BONNER v. Rhay

• (concurring) — While I join in the court’s opinion, I have re-examined the issues herein because three days after oral argument in this case the United States Court of Appeals (10th circuit) decided Fitts v. United States, 284 F. (2d) 108.

One month after Fitts was alleged to have committed the crime charged, he was adjudged “mentally ill” and committed to a state hospital by a state court. On his trial for the federal offense, no evidence was offered by either side on the question of his insanity. The court said that the presumption of sanity is a rule of law which stands in the place of…