admissible evidence includes both "medical and lay" testimony
How later courts described this case
- admissible evidence includes both "medical and lay" testimony
- lay opinions concerning a person’s sanity must be based on personal observation
- defendant diagnosed schizophrenic after service in Vietnam
- effect of verdict not proper for jury consideration
Written by the judges who cited it.
The opinion
OPINION ON PETITION TO REHEAR
COOPER, Chief Justice.
George S. Edwards has filed a petition to rehear insisting that the court “overlooked determinative facts in two areas of crucial importance,” in affirming the conviction of Mr. Edwards for second degree murder. Specifically, petitioner questions the view of the majority of the court of “the Owens-by testimony,” and assignments questioning the trial court’s instructions to the jury. The argument advanced in support of the petition is essentially the same argument made to and considered by the court in rendering its opinion in this case; however, out of deference to counsel, we have reconsidered the issues. On doing so, we adhére to the conclusions stated in the original petition filed in this case.
The petition to rehear is overruled.
HARBISON, J., and DYER, Special Judge, concur.
FONES and HENRY, JJ„ dissent.