Davenport v. State

* Corpus Juris-Cyc References: Statutes, 36Cyc, p. 1108, n. 46. Witnesses, 40Cyc, p. 2389, n. 85, 86, 87, 88, 89; p. 2394, n. 32, 33, 34, 35, 36; p. 2395, n. 37; Information acquired while attending person in professional capacity privileged under statute, see 28 R.C.L. 533; 5 R.C.L. Supp. 1544. The appellant, Frank Davenport, was indicted for the murder of one Artie Smith, and was convicted of manslaughter, sentenced to two years in the state penitentiary, from which he prosecutes this appeal.

The principal assignment of error is the admission of the testimony of the physicians who attended…