State v. Gibson

Two brothers, Norman and Phillip Gibson, were charged with and convicted of assault. They raise two questions on appeal. These are, whether the court erred in admitting a police guard’s testimony regarding a statement made by Norman Gibson to a doctor while the guard was present 'and whether the admission of this statement was error requiring reversal of the convictions of the two brothers. We hold the physician-patient privilege forbids the use of the statement of Norman Gibson and that as to him, a reversal of the verdict and new trial are necessary. We further hold its admission was not…