People v. Lavelle

The defendant was accused, by information, of the crime of an assault with an intent to commit murder. Testimony had been given concerning the circumstances of the alleged assatilt. One Keeney, a deputy sheriff, who was present at the time of the arrest, which immediately followed the alleged assault, was asked the question: —

“ What was the appearance of this man (the defendant) at that time with reference to his being rational or irrational?”

This was objected to on the ground that it did not appear that the witness was competent to testify from appearances as to whether the man was rational…