People v. Scott

Defendant was convicted of first-degree murder. * He appeals. At the trial Sheriff Germond and Police Chief Becker were permitted, in rebuttal of defendant’s evidence in support of his insanity defense, to express as lay witnesses their opinions that the defendant was sane at the time the alleged crime was committed. Defendant’s trial counsel objected to the testimony of Sheriff Germond on the ground that he was not a “qualified expert to determine sanity” and that his testimony would be as to a “conclusion.”

On appeal the defendant’s appellate counsel concedes that lay persons may testify…