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State v. Garver
Oregon Supreme Court
225 P.2d 771 (1950)
Robert Garver (defendant) was charged with murder. Garver claimed insanity as his defense. The defense called Garver’s mother, Gertrude Mitchell, to testify. Mitchell testified that Garver was in “such a terrible shape” and that he was “mentally and physically ill.” The court struck this portion of Mitchell’s testimony on the ground that it was impermissible lay opinion testimony. Garver was convicted, and he appealed.
Rule of Law
Holding and Reasoning (Lusk, C.J.)
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