People v. Alsina Rivera

Mr. Justice Marrero with whom Mr. Justice Negron Fernández joins,

concurring.

I concur in the opinion of the Court. I disagree, however, with the reasoning therein for the following reasons:

As indicated in the opinion of the majority, there is a fundamental discrepancy in the jurisprudential view in relation to the rule of burden of proof which should govern those cases in which the defendant relies on the defense of insanity.

*66The rule — which had its roots in England — prevailing in California as well as in some twenty states of the American Union is that, where the prosecution has proved the…