A Treatise On the Law of Criminal Evidence Including the Rules Regulating the P

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A Treatise On the Law of Criminal Evidence Including the Rules Regulating the P
H C Harry Clay Underhill
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624, 62^. "^Hauk V. State, 148 Ind. 238, 46 '"People v. Sessions, 58 Mich. 594, X. E. 127, 47 N. E. 465 ; Common- 26 X. W. 291. 6og CRIMES AGAINST THE PERSON. § 351 under the rule that where an opinion has been given that, in the nature of things, a certain thing is impossible, a woman mav testify that she has used such an article upon herself for a legiti- mate purpose. "'* To explain and emphasize his evidence the physician who made the post iiiortcni may exhibit parts of the body preserved i...n spirits to the jury. ^°° § 351. Exception to rule regulating- privileged communications to physician. — The question may arise are communications made to a physician by the \-ictim of an abortion privileged so that the physician may decline to disclose them? It is well settled that the statutory privilege cannot be invoked for the sole purpose of shielding a criminal. And though the accused, being a physician, may refuse to testify at all, yet, if he go on the stand, he cannot claim the professional privilege.

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