BORGES

v.

UNITED STATES

Citator

Cited By

• McDONALD v. United States, 312 F.2d 847 (D.C. Cir. 1962)
  …deciding whether the act charged was a product of mental [*859] disease or mental defect. Wright v. United States, supra, 102 U.S.App.D.C. at 44, 250 F. 2d at 12; Misenheimer v. United States, 106 U.S.App.D.C. 220, 271 F. 2d 486, certiorari denied, 361 U.S. 971 [80 S.Ct. 603, 4L.Ed.2d 550].” The Wright opinion is wrong, as I think I demonstrated in dissenting from it. Judges Danaher and Bastían joined in my dissent, and Judge Burger concurred only in the result reached by the majority opinion. I think the…

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• Campbell v. United States, 307 F.2d 597 (D.C. Cir. 1962)
  …f inquiry is not to be limited to particular symptoms, but may include, under proper instructions, any symptoms and manifestations of mental disorder.” Misenheimer v. United States, 106 U.S.App.D.C. 220, 221, 271 F. 2d 486, 487 (1959), cert. denied, 361 U.S. 971, 80 S.Ct. 603, 4 L.Ed.2d 550 (1960). There was some testimony in this case bearing on Campbell’s capacity for control.3 Hence, we may assume that it would have been proper to give a brief instruction, telling the jury it might consider evidence of…
• Campbell v. United States, 296 F.2d 527 (1st Cir. 1961)
  …has imposed far more definite safeguards.9 See United States v. Thomas, supra, 282 F. 2d at 194, as to subsection (1).10 On subsection (2) our decision is in accord with Borges v. United States, 1959, 106 U.S.App.D.C. 139, 270 F. 2d 332, cert. den. 361 U.S. 971, 80 S.Ct. 601, 4 L.Ed.2d 550, and United States v. Stromberg, 2 Cir., 1959, 268 F. 2d 256, cert. den. 361 U.S. 863, 80 S.Ct. 123, 4 L.Ed.2d 102. See also the somewhat ambivalent decision of Papworth v. United States, 5 Cir., 1958, 256 F. 2d 125, cer…