State v. Auerbach

The Court of Appeals reversed the court of common pleas on two grounds: (1) That the witnesses who testified as to speed of the moving automobile were not previously qualified to show ability to express an opinion on the subject; (2) that the *98prosecuting attorney in his argument made comment which was improper and prejudicial.

The general practice is that the witness who expresses an opinion touching such matter as is the subject of expert knowledge should first show his qualifications to express such an opinion. But when his opinion is based upon the ordinary observations of mankind, in the…