We object to the question upon the ground that it does not contain all the essential features in this case bearing upon the crime.
We object to the question upon the ground that the hypothetical question fails to include the condition of the defendant’s mother at the time of his birth; it fails to include the fact that the first child was an idiot during his lifetime; it fails to disclose the conduct and deportment of the defendant from the time of his birth down to the commission of this crime.
We submit respectfully that the hypothetical question is a garbled statement of that which has transpired during this case and can have but one effect—to bias and prejudice the minds of the jurors. And I submit it is incompetent, immaterial and irrelevant and improper, in addition.
The Court: Objection overruled.
Mr. McIntyre: Exception, sir.
Q. Have you got the conclusion, the concluding portion of my question in mind?
A. Would you repeat it?
Q. Yes. State, Doctor, basing your reply upon the hypothesis stated in the question, whether or not, in your opinion, the defendant, at the time he struck Miss Beecher with the wrench, understood that he had no right to do it.
A. I cannot get any evidence from the facts recited there to enable me to determine.