Carter v. People

For reasons which will hereinafter appear, I dissent from the majority opinion.

In this case four psychiatrists for the people examined the defendant, to wit: Doctors Ebaugh, Busse, Lyons and Symes. Only the first two of the doctors were called as witnesses in the case, and on the cross-examination of Dr. Busse, defendant’s counsel asked: “Do you ever have occasion to differ among yourselves?” to which the witness answered: “Yes, we do.” On redirect examination the witness was asked by the District Attorney: “Now, did all four of the doctors agree on this Carter case?” to which the witness…