The opinion
Duckworth, Chief Justice,
dissenting. I believe the fatal fallacy of the majority lies in its application of the requisite rules for affirmative testimony to the testimony of the doctor on cross examination. The State had the right to (1) draw from this witness for the defendant any testimony favorable to the State, and also (2) demonstrate his want of credibility by getting him to draw unsupported conclusions. Therefore, when he said his conclusions as to mental condition were based upon his own knowledge and elsewhere indicated that they were in part based upon what other doctors said, or upon correspondence with the defendant and his attorney, this should have been left to the jury to enable them to appraise his credibility.
I firmly believe the majority is mistakenly applying the rules applicable to affirmative testimony to a cross examination. I do not believe there was any error in allowing the testimony of this witness elicited on cross examination. I would affirm the judgment of the trial court.
I am authorized to state that Mr. Presiding Justice Candler and Mr. Justice Almand concur in this dissent.