State v. White

I concur in the opinion of the Chief Justice.

Under that opinion the case is going back for retrial. In my judgment, this circumstance makes it necessary to discuss the legal problem presented by the trial court’s denial of the defendant’s request to charge the jury in effect that the evidence adduced on the issue of insanity may be considered in deciding the matter of punishment. Those of my colleagues who joined in the majority opinion feel that *183the particular question is not directly involved and accordingly they express no point of view thereon.

The request espouses the principle that any…