United States v. Cortes-Crespo

Opinion of the Court

FLETCHER, Judge:

Following affirmance of appellant’s general court-martial by the Court of Military Review, this Court granted the following issue:

WHETHER THE EVIDENCE IS INSUFFICIENT AS A MATTER OF LAW TO HAVE REBUTTED APPELLANT’S CLAIM OF MENTAL IRRESPONSIBILITY.

However, at the time of the initial oral argument on June 23, 1981, the Court expressed concern that the granted issue was unduly generalized. Our attention centered on the mental responsibility test of United States v. Frederick, 3 M.J. 230 (C.M.A.1977), and the proper instructions thereon to be given to fact…