McDougal v. State

(concurring). — Concurring with Judge Morrow in the reversal of this judgment, I desiré to make a few general observations with reference to the introduction of the statements of appellant’s wife. The question presented is this: was her statement one of fact or one of conclusion or opinion based on some known facts, or formed and reached without facts? If it was an opinion from either viewpoint it was clearly inadmissible. If her statement was the result or conclusion of statements made to her by her husband, those statements, if admissible, should be produced and not the conclusion from the…