Holland v. Zollne

Citations

• 102 Cal. 633
• 36 P. 930
• 1894 Cal. LEXIS 700

Syllabus

<p>Evidence-Opinions oe Non-expert Witnesses, When Admissible.—As .a general rule the opinions of non-expert witnesses are not admissible in evidence, but they must state facts and not opinions deduced from the facts, leaving to the jury, whose province it is, to draw the proper inference from the facts when stated; but this general rule has exceptions, and the opinions of ordinary witnesses derived from observation are admissible in evidence, when, from the nature of the subject, the facts cannot he stated or described in such language as will enable persons not eyewitnesses to form an accurate judgment,</p> <p>Id.'—Opinion as to Sanity—Intimate Acquaintance—Qualification of Witness.—In order to enable a witness to testify to the appearance of a person with reference to his being rational or irrational in his presence and under his observation, it is not necessary that he should he an intimate acquaintance of such person, or be qualified as an expert witness.</p>