Washburn v. Lucas

I agree with the result sought by Mr. Justice Adams but I record an observation which I feel is indicated. The testimony of Trooper Wade quoted by Justice Adams was elicited on cross-examination, and for this reason objection thereto by defendant’s examining counsel was possible only upon the ground of nonresponsivity. Such *617objection was apparently not made and counsel does not claim error, here on appeal, in the admission of such testimony. However, I would like to make clear that in my view the testimony was highly prejudicial and far exceeded the limit of opinion testimony even by an…