Cases On the Law of Evidence, Selected From Decisions of English And American Courts

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Eep. 524.) Earl, J.'^ William Pierson, the prisoner, was indicted in Living- ston county for murder, in causing the death by poison of Leaman B.
Withey, in February, 1877. He was tried in the Oyer and Terminer of that county in February, 1878, and was convicted and sentenced to be hung. His conviction was affirmed at the General Term of the Su- preme Court. He has now brought his case into this court by writ of error, and seeks to have his conviction reversed for several errors which have been
...ably presented for our consideration by his coun- sel. * * * While Withey was sick, suffering from the poison which is sup- posed to have been administered to him, J)r. Coe, a practicing physi- cian, was called to see him by the prisoner ; and he examined him and prescribed for him. On the trial, he was called as a witness for the people, and this question was put to him: "State the condition in /which you found him at that time, both from your own observation and from what he. told you?" The prisoner's counsel objected to this question on the ground that the information whi#h the witness ob- tained was obtained as a physician, and that he had no right to disclose it ; that the evidence offered was prohibited by the statute.

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