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
_Testimony of Expert, how Impeached._—Sometimes, on cross-examination
or otherwise, the fact becomes known that the witness who is proposed
as an expert has expressed an opinion on the subject in hand contrary
to that which he has given upon the witness-stand, and the question has
been raised as to establishing that fact at the outset and before his
testimony goes before the jury, in order to enable the trial judge to
determine whether he is competent. The rule in that case is that the
testimony as to his prior expression of opinion is not to be received
at that time, but will come properly up as rebuttal, he having been
asked upon his cross-examination, giving time and place, whether he
has made the statements attributed to him. An expert witness may in
other respects be impeached like any other witness, that is, by the
oaths of persons who know him and have known his reputation, and who
testify that his reputation for truth and veracity is bad and that they
would not believe him under oath. He may also be impeached by producing
witnesses to prove that his special knowledge or technical skill is
not reliable or adequate to the undertaking which he has assumed. But
this testimony must be from personal knowledge of the man and not
from general reputation. Wharton on Evidence, Sec. 437; Le Rose _v._
Commonwealth, 84 Pa. St., 200.[183]
_General Rule as to Required Amount of Skill and Experience
Stated._—The general rule may be stated thus, as derived from these
and other authorities:
The extent of the previous study and investigation, and the amount of
skill and information which must be shown, will depend upon the facts
of each particular case. But some special and peculiar knowledge or
skill must be established, the amount of it to be determined by the
trial judge in his discretion. The possession of such knowledge and
skill is presumed in medico-legal cases if the witness is a licensed
practitioner.
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