By Mr. McIntyre: Yes, sir.
By Mr. Thomas: He should be asked, “Can you now form an opinion assuming all these facts?”...
Q. Now, Doctor, assuming all these facts contained in the hypothetical question to have been established by evidence in this case, from your experience in the treatment and knowledge of imbeciles and idiots, from your knowledge and skill as an expert, can you express an opinion as to the condition of Jean Gianini at the time of the killing of Lida Beecher on the 27th day of March, 1914?
Same objection
By the Court: Objection overruled. He may answer.
A. I can.
Q. What is your opinion?
Same objection.
By the Court: I think it should conform now to the language of the statute, shouldn’t it?
By Mr. McIntyre: Well, I have, your Honor; I first asked him if he could express that opinion. Now if he doesn’t express an opinion that comes within the provisions within the statute, why then of course his opinion is incompetent in this case. Now let’s look at the code. Will you give me the section, please?