Steagald v. State

Citations

• 24 Tex. Ct. App. 207
• 5 S.W. 853
• 1887 Tex. Crim. App. LEXIS 187

Syllabus

<p>Murder—Evidence—The Corpus Delicti being the issue under immediate inquiry, the State was permitted to ask its medical witness how, in his opinion, based upon the examination of the body, the injuries thereon were inflicted. The defense objected that the question called for the mere conclusion of the witness as an individual, and not for hig opinion as an expert, and that it involved matter upon which the jury were as competent to form an opinion as the witness. The objection was overruled, and the witness was permitted to state his opinion’ as an individual as to “the only way he could imagine the peculiar injuries were inflicted.” Held, that the objection should have been sustained, but that, in view of the other evidence in the case, the question and answer prejudiced no right of the accused; wherefore the error was immaterial. See the opinion for an elaboration of the ruling.</p>