State v. Boerner

Sheran, Justice.

The appeal is from a judgment of conviction for indecent assault.

A physician associated with Ancker Hospital in St. Paul, but not qualified as a bacteriologist, was called as a witness by the state. After testifying that he had examined the complaining witness on the morning after the alleged offense and secured from her person material which was sent to the laboratory for analysis, he was permitted, over objection by defendant’s counsel, to recite reported laboratory findings to the effect that the analysis disclosed the presence of sperm. A second laboratory study, he said,…