State v. Robinson

I think that the trial judge committed reversible error in permitting R. C. McGuffee to give his opinion or guess that defendant was driving the truck involved in the accident at a speed of 40 to 45 miles per hour at the moment of the impact with the other truck. I say “opinion” or “guess” because it is conceded that McGuffee did not witness the accident, having arrived on the scen'e not sooner than 30 minutes after-wards. Accordingly, since he did not observe the speed at which defendant’s truck was travelling, his statement was clearly hearsay and could only be received on the theory 'that…