Summary

Oliver Wendell Holmes, Jr. Queenan v. Oklahoma — Opinion of the Court

To allow less may deprive a party of important and valuable evidence that can be got at in no other way. But, on the other hand, to allow more, to let a witness who is not an expert state an opinion upon sanity which he has formed after the event, when a case has arisen and become a matter of public discussion, must be justified, if at all, on other grounds. It is unnecessary to lay down the rule that it never can be done, for instance, when the opinion clearly appears to sum up a series of impressions received at different times.
Source: Wikisource

Oliver Wendell Holmes, Jr. Queenan v. Oklahoma — Opinion of the Court

We assume, for the purposes of decision, that this disqualified the juror from serving in any case. Okla. Stat. §§ 3093, 5182, 5183. The court asked the counsel for the prisoner what they desired to do, and its intimation indicated that if the objection were pressed the juror would be excused. This, of course, meant that the trial would have to be begun over again. The counsel for the prisoner answered that they had nothing to say, and the trial went on. It now is argued that the defendant was deprived of a constitutional right, which he could not waive.
Source: Wikisource

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