_Q._ I asked you what was your opinion concerning his mental condition. _A._ That he is an imbecile. _Q._ Now, Doctor, assuming that all the acts recited in the hypothetical question to have been established by evidence, to be true, in conjunction with the physical and mental examination made by you in the County Jail on the 17th day of May this year,--from your experience and your knowledge of imbeciles and idiots, in your opinion was Jean Gianini at the time of the killing of Lida Beecher in such a mental condition as to know the nature and quality of the act he was doing or that the act was wrong? By Mr. Thomas: I object to it as improper in form and copulative. Objection overruled. _Q._ Your opinion, Doctor? _A._ He was not in such condition. APPENDIX B GIANINI CASE HYPOTHETICAL QUESTION PROPOUNDED BY THE PROSECUTION _Q._ Doctor, kindly assume that the defendant had been a pupil taught by Lida Beecher in the public school at Poland and harbored against her a desire for revenge because she had punished him; that he stated to people of his acquaintance that he would get even with her; that on Tuesday, March 24th, 1914, he stated to a man with whom he was working that if he had a revolver he would shoot her; that several days previously he had this wrench, Ex. 45, in his possession and stated to a man who asked him what he was going to do with it, that he had use for it; that he met Miss Beecher, who was a young lady about twenty years old, five feet three inches in height, weighing about 126 pounds, wearing upon the head this cap, Ex. 26, and as an outer garment, this raincoat, Ex. 29 (showing to witness), Wednesday, March 25th, 1914, about seven P.M. in the Post Office at Poland, Post Office in the village of Poland, the location of which is indicated on this map, Ex. 1, to which I now call your attention (indicating); walked with her and Miss Clark, a teacher, from the Post Office along Cold Brook Street to a point on the southerly side of the street opposite the residence of James D. Countryman, the location of which is also shown on the map at a point to which I now call your attention (indicating), and that during that walk the defendant asked Miss Beecher when she was coming up to see his father, and upon receiving the answer that she did not know, said, "Aw, I don't believe you intend to come at all; you will wait until summer time and go home and then it will be too late"; that on the following evening, Thursday, he again met Miss Beecher at or near the Post Office and asked her to go up to his house and see his folks about going to school and she replied that she could not that night, that she was going to prayer meeting, that she would go the next night; that on the following day, Friday, he provided himself with the knife, Ex. 48, for the occasion, and with the intention of killing her, sharpened it for that purpose; that he met Miss Beecher about seven P.M.