People v. Lewis

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…