McCartney v. State

Bell, Justice.

Appellant Jeffrey Paul McCartney was convicted of the malice murder of his wife’s son, David Maxwell Moss, and cruelty to children to Moss. McCartney appeals, and we reverse.

1. Appellant’s first enumeration of error is that the trial court erred by failing to sustain his objections to the opinion testimony of Dr. Joseph Burton, the forensic pathologist who had performed the autopsy on the child. Appellant contends that Dr. Burton was permitted to invade the province of the jury by testifying that abuse was the cause of the child’s death. We find merit in this contention.

At trial…