Opinion

State v. Hart

  • 26 Wash. 2d 776
  • 175 P.2d 944
  • 1946 Wash. LEXIS 295
Court
Washington Supreme Court
Filed
Dec 27, 1946
Status
Published
Author
Connelly
On the bench
Connelly
Cited by
20 cases
Authority
More cited than 2.3%

The opinion

Connelly, J.

(dissenting) — I dissent for the reason that I believe that the testimony of the husband, admitted in this case, purporting to repeat statements of his deceased wife, invades the hearsay rule and goes far beyond the original rule announced in

State v. Power,

24 Wash. 34 , 63 Pac. 1112 .

I further feel that the trial judge’s reference to the direct and cross examination of the autopsy surgeon as “an organ recital,” made in the presence of the jury during the trial, constituted a studied effort on his part to convince the jury that that witness’s testimony should be treated facetiously and accorded little or no weight and was, therefore,

a clear comment on the evidence.

February 3, 1947. Petition for rehearing denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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