Page v. State
Supreme Court of Alabama
Appeal from Washington Circuit Court. Tried before Hon. H. T. Toulmin. Isaac Page, the appellant, was indicted for the murder of Tobin Preyer. He was found guilty of murder in the first degree, and sentenced to imprisonment in the penitentiary for life; and having reserved a bill of exceptions, brings the case here by appeal.
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Appeal from Washington Circuit Court. Tried before Hon. H. T. Toulmin. Isaac Page, the appellant, was indicted for the murder of Tobin Preyer. He was found guilty of murder in the first degree, and sentenced to imprisonment in the penitentiary for life; and having reserved a bill of exceptions, brings the case here by appeal. On the trial, as the bill of exceptions states, the State “ introduced Dr. Jack Baker, a physician, whom the State offered as an expert, to testify to the effect of a certain wound inflicted on the deceased, of the particulars of which wound witness was ignorant, and the…
1Opinion of the CourtBrickell, C. J.
1. The opinions of medical men as to the cause of death, or of disease, or as to the consequence of wounds, though not founded on observation of the person afflicted, or who may have died, but on the facts as proved by other witnesses, it is the constant practice to receive in evidence. If the facts are disputed, they are not allowed to express an opinion upon the case on trial, for the case as they determine it, might not be the case the jury would find from the evidence. Then, they may be examined hypothetically— the counsel on each side may put to them such states of fact, as the evidence…
2Cases cited3 opinions
- Dexter v. HallSupreme Court of the United States · 1873
- Ward v. StateSupreme Court of Alabama · 1856
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
3Cited by19 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Parrish v. StateSupreme Court of Alabama · 1903
- George v. StateSupreme Court of Alabama · 1941
- Gunter v. StateSupreme Court of Alabama · 1887
- Sims v. StateSupreme Court of Alabama · 1903
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