Bowers v. State

McMurray, Presiding Judge.

Defendant was indicted, tried, and convicted of the offense of motor vehicle theft. He was sentenced to serve a term of four years and defendant appeals. Held:

1. The first enumeration of error contends the trial court erred in allowing an expert witness to answer, before the jury and over objection, a hypothetical question based on presumed facts not proven at the trial. The issue in the case, stated simply, was whether the defendant, a person of "borderline intelligence, not of normal intelligence,” realized at the time that the red Ford truck belonging to another…