People v. Feldman

The majority opinion is for reversal, on these grounds:

1. That it was prejudicial error to permit Mrs. Kushner, sister of the deceased, to testify to a conversation wherein Mrs. Kushner urged defendant to permit an autopsy and wherein Mrs. Kushner mentioned to defendant that Mrs. Berkowitz, the mother of the witness and of deceased, had exhibited before her death some of the same symptoms as deceased.

2. That this alleged error was not cured by the court’s instructions to the jury that the jurors were not to infer,* or suspect from the testimony above referred to, that defendant ‘1 had any…