Brock v. State

Duckworth, Chief Justice.

(After stating the foregoing facts.) The first special ground of the amended motion for new trial involves the question of when a nonexpert witness shall be allowed to give testimony in the form of an opinion as to the sanity of a person. A decision of this question requires a determination of whether it is the province of the judge or the jury to decide when sufficient facts have been shown to authorize testimony in the form of an opinion based thereon. The complaint here is because of the disallowance of opinion testimony of a number of nonexpert witnesses that the…