Marcus v. Joseph

In our opinion the provisions of section 308 of the Code of Criminal Procedure respecting the employment of experts as witnesses are limited to capital cases. The sentence in question in section 308 referring to employment of experts and beginning with the words “ In any case ” was added by chapter 242 of the Laws of 1918, entitled “ AN ACT to amend section three hundred eight of the code of criminal procedure, in relation to expert witnesses for the defendant in cases where the offense charged in the indictment is punishable by death.” (Italics ours.) Obviously at the time of such addition,…