State v. Diaz

Defendant was convicted of murder in the first degree and sentenced to death. He appeals. Only two questions are presented on this appeal: First, it is contended that the defendant’s motion for new trial should have been granted upon the alleged ground that the verdict is contrary to the evidence and the court’s instructions with respect to the question of premeditation and intent. Second, that the court erred in overruling defendant’s objection to the testimony in rebuttal of the state’s medical expert, and particularly in permitting him to answer the hypothetical question propounded by the…