Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
_Whether Witness Competent a Question for Court in Limine._—After
the expert is placed upon the stand, as we have seen, the counsel
upon the side of the case by which he is summoned interrogates him
as to his capacity, the purpose of the interrogation being that his
answers shall qualify him and show him to be an expert. Whether or
not he is an expert so as to permit the giving of his opinion as
part of the case to go to the jury, is for the court to decide _in
limine_, that is, at the threshold, and as a matter of discretion, and
the exercise of that discretion, if fair and reasonable, will not be
disturbed upon appeal by the higher court. It is permissible, but also
discretionary, after the counsel calls the witness and has apparently
qualified him, for the counsel upon the other side to cross-examine
the witness as to his qualifications before he is examined in chief,
with a view of determining whether or not there are limitations upon
those qualifications which should prevent the court from permitting him
to testify as an expert. The general rule is as stated by Greenleaf
in his work on Evidence, Sec. 440, that it is not necessary that the
medical expert should have actually practised his profession. Nor is it
essential that the witness should belong to any particular school of
medicine. The law does not undertake to pass upon conflicting theories
of medical practice, in determining the question of the qualification
of a medical expert. It is proper, however, for counsel to inquire as
to what school of medicine the witness is an adherent, because of its
importance in weighing the value of his testimony after it has been
given.
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