We object to the question upon the ground that it does not contain all the essential features in this case bearing upon the crime. We object to the question upon the ground that the hypothetical question fails to include the condition of the defendant's mother at the time of his birth; it fails to include the fact that the first child was an idiot during his lifetime; it fails to disclose the conduct and deportment of the defendant from the time of his birth down to the commission of this crime. We submit respectfully that the hypothetical question is a garbled statement of that which has transpired during this case and can have but one effect--to bias and prejudice the minds of the jurors. And I submit it is incompetent, immaterial and irrelevant and improper, in addition. The Court: Objection overruled. Mr. McIntyre: Exception, sir. _Q._ Have you got the conclusion, the concluding portion of my question in mind? _A._ Would you repeat it? _Q._ Yes. State, Doctor, basing your reply upon the hypothesis stated in the question, whether or not, in your opinion, the defendant, at the time he struck Miss Beecher with the wrench, understood that he had no right to do it. _A._ I cannot get any evidence from the facts recited there to enable me to determine. _Q._ Well, can you determine from this question an opinion as an expert? _A._ No, I cannot. APPENDIX C GIANINI CASE DEFENDANT'S REQUEST TO CHARGE I Defendant requests your Honor to charge the jury that, in determining the guilt or innocence of the defendant of the offense charged in the indictment, the jury are to consider only the evidence of the case and are to disregard any statement made during the course of the trial, by counsel or the Court, and are not to be influenced or governed by any expression of opinion or action of either the Court or counsel for defendant or the people. II Defendant requests your Honor to charge that the jury are not to be influenced, in the consideration of this case, by any comment or expression of opinion in the newspaper reports of this case, and they must disregard any statement or comment contained in any such report, if same has in any way been brought to their attention. III Defendant requests your Honor to charge the jury that, in considering this case, after its submission to them, the jury must proceed upon the presumption that the accused, the defendant herein, is innocent of the crime charged in the indictment and that it is necessary for the commonwealth to overcome this presumption by evidence to convince them, beyond a reasonable doubt, that the defendant is guilty of the crime charged against him in the indictment. IV Defendant requests your Honor to charge the jury that, in consideration of this case, the jury are bound to act and proceed upon the presumption that the accused is an innocent boy, and this presumption must continue throughout the trial. V