People v. Mathias

Judgment rendered on July 10, 1961, convicting the defendant of the crime of murder in the second degree, unanimously reversed on the law and in the exercise of discretion, and a new trial ordered. At the trial the sole issue was whether or not the defendant was legally insane at the time of the commission of the crime. The only expert testimony on this issue was that of the psychiatrist called by the prosecution. The opinion of this witness as to the sanity of the defendant was based in part upon conversations had with other psychiatrists who had not testified at the trial and upon medical…