John Marshall Harlan II,
Robinson v. California — Concurring Opinion
(1962)
“ But in this case, the trial court's instructions permitted the jury to find the appellant guilty on no more proof than that he was present in California while he was addicted to narcotics. [*] Since addiction alone cannot [p679] reasonably be thought to amount to more than a compelling propensity to use narcotics, the effect of this instruction was to authorize criminal punishment for a bare desire to commit a criminal act. ”
