Legal Opinion

People v. Lewis

Michigan Supreme Court

Decided October 7, 1940No. Docket No. 117, Calendar No. 40,808PublishedCited by 37 opinions

1Opinion of the Court

I find reversible error in admitting the hospital record without calling the maker thereof.

In a criminal case the accused has a right to be confronted by the witnesses against him. Constitution of Michigan (1908), art. 2, § 19. See People v. Lambert, 5 Mich. 349 (72 Am. Dec. 49); People v. Sligh, 48 Mich. 54; People v. Dow, 64 Mich. 717 (8 Am. St. Rep. 873). This accords right of questioning.

The hospital record was not made by the examining physician but by a nurse in the admitting room and was produced in court by the record clerk of the hospital who testified:

"The records were not made…

2Cases cited3 opinions

  1. People v. LambertMichigan Supreme Court · 1858
  2. People v. SlighMichigan Supreme Court · 1882
  3. People v. DowMichigan Supreme Court · 1887

3Cited by37 opinions

  1. State v. OlsonWisconsin Supreme Court · 1977
  2. State v. HendersonTennessee Supreme Court · 1977
  3. People v. KirtdollMichigan Supreme Court · 1974
  4. People v. ShirkMichigan Supreme Court · 1970
  5. Ohio v. TimsOhio Supreme Court · 1967

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