124 Mich. 279 | Mich. | 1900
Respondent was charged and convicted of assault with the intent to commit the crime of murder, and sentenced to Marquette prison for 25 years. Respondent and his wife lived unhappily together during most of their married life, and at the time the crime was committed were living apart. They had two children, both of whom were boys. The younger boy lived with his father, on Lockwood street; the older boy and Mrs.
On the part of the defense, Mr. Wyman testified as fol-* lows:
“I have known Maurice Casey for about 10 years. During the last four or five years I have had business with him right along, so we became familiarly acquainted. I
He was then asked to state whether he considered the respondent sane or insane. The court held he was not
A number of other witnesses testified to their acquaintance with the accused and his unusual conduct and actions, and an offer was made to show that in their opinion the accused was insane. The judge held the testimony was incompetent.
The right to express an opinion as to sanity or insanity, where it is in issue, is not confined to experts. Any person having sufficient knowledge to speak intelligently upon that subject is competent. He may not express an opinion simply because he was acquainted with the person, but in addition thereto he must show facts and circumstances which the court can say tend to show the insane condition. When that is done, then the witness may express his opinion, and it is for the jury to say how much weight should attach to it. In Armstrong v. State, 30 Fla. 170 (11 South. 618, 17 L. R. A. 484), the question was raised as to the competency of certain witnesses to express an opinion as to the insanity of. the accused, and the court used the following language:
“These witnesses conversed with him on the subject of his delusion, observed his strange conduct, and gave it as their opinion that he was insane on that subject. They are not shown to he experts in such matters, but the weight of authority is clearly in favor of admitting such testimony on an issue of sanity vel non. No objection was made to it on the part of the State in the case. 11 Am. & Eng. Enc. Law, 161, and authorities in note 1 to heading, ‘Opinions of Nonexpert Witnesses;’ 1 Whart. Ev. §451; Connecticut Mut. Life Ins. Co. v. Lathrop, 111 U. S. 612 (4 Sup. Ct. 533); McClackey v. State, 5 Tex. App. 320; Webb v. State, Id. 596; People v. Sanford, 43 Cal. 29; People v. Wreden, 59 Cal. 392; State v. Klinger, 46 Mo. 224; Wood v. State, 58 Miss. 741; State v. Newlin, 69 Ind. 108; Sage v. State, 91 Ind. 141; Clark v. State, 12 Ohio, 483 (40 Am. Dec. 481). It may be proper to state that such witnesses cannot express a general opinion as to sanity, nor can they give an opinion independent of the facts and circumstances within their own knowledge; but they can detail the facts known to
This opinion is in harmony with the decisions of our own court. Beaubien v. Cicotte, 12 Mich. 459; O’Connor v. Madison, 98 Mich. 183 (57 N. W. 105); People v. Borgetto, 99 Mich. 336 (58 N. W. 328); Prentis v. Bates, 93 Mich. 234 (53 N. W. 153, 17 L. R. A. 494). We think the proper foundation was laid to make these witnesses competent to express an opinion.
Upon the trial the people were allowed to swear a witness in rebuttal, without the name of the witness being indorsed upon the information, and without requiring any showing why it was not indorsed. Section 11934, 3 Comp. Laws 1897, relating to the indorsement of names upon the information, has been repeatedly construed by this court. See the cases cited in the note to this section. In People v. Quick, 58 Mich. 321 (25 N. W. 302), Justice Campbell, speaking for the court, said:
“We have held on several occasions that the defendant has a right to know in advance of the trial what witnesses are to be produced against him, so far as then known, and to have any new witnesses indorsed on the information as soon as discovered. The object of this is not merely to advise a respondent what witnesses will be produced on the main charge; it is to guard him against the production of persons who are unknown, and whose character he should have an opportunity to canvass. It is as important to impeach a rebutting witness as any other.”
In People v. Howes, 81 Mich. 396 (45 N. W. 961), Justice Grant, for the court, said:
‘ “"The prosecuting attorney was present at the examination before the justice, and then knew of this witness.
Should the testimony introduced upon the part of the respondent make it necessary to call witnesses in rebuttal whose names, and the materiality of whose testimony, until then were unknown to the prosecuting attorney, upon a showing of those facts it would be the duty of the judge to allow the names to be indorsed. Until this is done, the testimony of the witness may not be taken.
The other assignments of error do not call for discussion. For the reasons stated, the judgment of the court below is reversed, and a new trial ordered.