96 N.J.L. 202 | N.J. | 1921
The opinion of the court was delivered by
The defendant was indicted for and convicted of procuring the miscarriage of R. M. The Supreme Court affirmed the conviction. The only question to be discussed is whether or not the trial judge properly allowed Dr. L. to testify as to his conversation with Mrs. M. in the presence of Dr. D. with a notary, Huelsenbach, the defendant being-absent. The statement was obtained and written down by Huelsenbach and signed by Mrs. M. on -the day of her death. It was obtained by questioning b3r the doctor. On his examination in chief he failed' to testify to parts of the statement.. It was shown to him on his cross-examination, only to refresh his recollection. Objection was made but he was allowed to use the statement after he had testified that his. recollection was refreshed. He was then asked to state
The rule has been settled by the Court of Errors and ■Appeals in. Consolidated Traction Co. v. Lambertson, 60 N. J. L. 452, following the opinion of the Supreme Court in State v. Gedicke, 43 Id. 86. The court there said: “It is well settled that the declaration of a patient as to his symptoms, made to his physician or surgeon for1 the purpose of treatment, are admissible in evidence. While such declara
Let the judgment, be reversed and the record remitted for a new trial.
For affirmance—Hone.
For reversal—The Chancellor, Swayze, Trenoiiard,' Parker, Bergen, Kalisch, Kateexeach, Mhjte, HeppenjrBIIMEE, MlI.LJAUrS, JJ. 10.