Murray v. State

1. While it is declared in the Code, § 38-1708, that, "Where the question under examination, and to be decided by the jury, shall be one of opinion, any witness may swear to his opinion or belief, giving his reasons therefor," this provision does not authorize a party to elicit an opinion of a nonexpert witness based on a fact or condition as to which the witness himself has not testified. Accordingly, upon the trial of the instant murder case, in which the defendant urged the defense of insanity, the court did not err in excluding the following question, propounded to a witness for the State…