People v. Runion

Judgment of conviction and orders reversed on the law and facts and a new trial granted. Memorandum: Error was committed in the admission of evidence that defendant, while critically injured and awaiting treatment, was asked by his physician “ how he happened to have received these wounds” and replied that “he suffered his head lacerations after falling down three or four back steps at his home.” Counsel for appellant properly objected that the communication was privileged (Civ. Prac. Act, § 352). We are satisfied that the information was considered by the physician to be necessary to…