Avery v. State

Frank Holt, Justice.

Appellant was convicted of second degree murder for the death of his 80 year old father and sentenced to 20 years imprisonment. He interposed the defense of not guilty by reason of insanity.

Appellant first asserts that the trial court erred in excluding the testimony of Dr. Charles Avery, appellant’s first cousin, as to appellant’s mental condition. Dr. Avery, a general practitioner, was presented as a nonexpert witness. See Ark. Stat. Ann. § 28-1001, Rule 701 (Repl. 1979). Appellant’s counsel asked him what his opinion was of the appellant’s mental condition on different…