People v. Wheeler

Citations

• 60 Cal. 581
• 1882 Cal. LEXIS 511

Syllabus

<p>Murder—Trial—Argument—Reading erom Book on Medical Jurisprudence.—Upon the trial of an information for murder, the District Attorney, in his closing argument to the jury, said he would read, “as a portion of his argument, ” from a book called ‘1 Browne’s Medical Jurisprudence of Insanity. ” No testimony had been introduced to show that this was a recognized work or standard authority, or that it was a scientific work. The defense objected to said book, or any part thereof, orto any opinion of said alleged writer, on the ground that it had not been established to be a scientific work, or a standard or recognized authority, and that it was incompetent. The Court overruled the objections, and defense excepted; and the District Attorney did read from the book various sections thereof, commenting upon and treating of the subject of insanity, and sustaining the prosecution's theory of the case.</p> <p>Held: The Court erred in permitting the District Attorney to read the extracts referred to.</p> <p>Oases Overruled.—Harvey v. State, 40 Ind. 516, disapproved.</p>