State v. Ogg

The court finds error in the allowance of the prosecutor’s question “whether or not this quantity [46 pills] would be more or less than what would be considered for personal use.” I believe the question to be proper.

I. Opinions on Ultimate Facts vs. Opinions on Questions of Law. The case involves the distinction between opinions going to the “ultimate fact” to be decided by the jury and opinions going to questions of domestic law.

A. In this jurisdiction, opinion evidence going to an ultimate fact has been unobjectionable since the landmark decision in Grismore v. Consolidated Products Co.,…