(DOWNLOAD) "North Carolina V. Franks" by Supreme Court of North Carolina " eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina V. Franks
- Author : Supreme Court of North Carolina
- Release Date : January 06, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
On cross-examination, Dr. Harper testified that in his opinion, based on his observations of and conversations with the defendant, defendant knew the difference between right and wrong and knew the nature and quality of his acts. Defendant maintains in his first assignment of error that Dr. Harper was not treating the defendant in an effort to cure him. At this time, he was merely observing, evaluating and diagnosing the defendant to prepare himself to testify at defendant's trial. Defendant argues that our decisions in State v. Wade, 296 N.C. 454, 251 S.E.2d 407 (1979) and State v. Bock, 288 N.C. 145, 217 S.E.2d 513 (1975), death sentence vacated, 428 U.S. 903 (1976), hold that such a nontreating physician cannot state his opinion based upon personal knowledge but may only respond to a hypothetical question.