Marmion Pollard v. United States

SIMONS, Senior Judge

(concurring).

I have considered'the proposed order in the above cause, remanding it to the District Court for further proceedings, in response to Title 24 U.S.C.A. § 211b, and while I have been of the view that Pollard’s sanity, or insanity, would be more directly determined by reports of study and conclusions drawn therefrom by those who have Pollard in custody, my , colleagues think otherwise and having concurred in the return of the mandate, I bow to their views. I feel it necessary, however, for the purposes of the record, to state that my judgment is that the District Judge based his findings of guilt upon substantial evidence and there was no error in the judgment of conviction and sentence. I further express the view that the decision in this court to reverse is not in consonance with established principles of criminal procedure and criminal substantive law of the United States governing the processes of the federal criminal jurisdiction in the application of federal law.