Peek v. State

1. On the cross-examination of a witness for the State, counsel for the defendant propounded • a question seeking to elicit testimony from the witness to the effect that in the opinion of the witness, from certain observed facts, the defendant was mentally unbalanced. Counsel for the State objected to this question, upon the ground that the issue involved was not whether the defendant was mentally unbalanced, but whether he knew it was wrong to kill his wife. In ruling upon the admissibility of this evidence, the court remarked: “Mentally unbalanced might mean a thousand things. We are all…