People v. Long

CARTER, J., Dissenting.

I dissent.

In my opinion the giving of the instruction to the jury: “that you may regard the testimony of an expert as merely advisory, and you are instructed that you may disregard altogether the testimony of such expert, and you may form your own conclusions from all the evidence submitted to you”, constituted prejudicial error and justifies a reversal of this case.

The majority opinion states:

“There can be no doubt that the deceased was suffering from a heart affected with a mitral stenosis—that is, the mitral valve of the heart had become infected and had become…