Wyatt v. State
Decision Date | 04 August 1981 |
Docket Number | 4 Div. 863 |
Citation | 405 So.2d 154 |
Parties | Michael WYATT v. STATE. |
Court | Alabama Court of Criminal Appeals |
James M. Prestwood, Andalusia, for appellant.
Charles A. Graddick, Atty. Gen., and Jacquelyn L. Lufkin, Asst. Atty. Gen., for appellee.
Assault in the third degree; one year and $500. fine.
Appellant was indicted for beating his two-year-old stepson with a belt and belt buckle, resulting in bruises and swelling. Over appellant's objection at trial, the court admitted copies of the child's hospital records indicating the following notations by the examining physician.
"Impression: Child abuse through physical beatings. Probable neglect.
....
The child obviously was a victim of child abuse.
"Final Diagnosis: Child abuse Right upper lobe pneumonia Multiple ecchymosis, bruises contusions, penile edema-all secondary to child abuse."
Appellant made the following objection to the offer of the hospital records:
The State also called the examining physician, Dr. Reddock Williams, to testify at trial, at which time the following occurred:
....
....
Outside the presence of the jury, the following occurred:
....
I
In our judgment, this case must be reversed for the error of admitting portions of the hospital records to which appellant objected at trial.
Neither § 12-21-5 of the Code of Alabama 1975 ( ) nor § 12-21-43 of the Code of Alabama 1975 ( ) operates to admit evidence which is inherently inadmissible. Lowery v. State, 55 Ala.App. 514, 317 So.2d 365 (1974), cert. denied, 294 Ala. 763, 317 So.2d 372 (1975); Greathouse v. Credit Bureau, Inc., 279 Ala. 524, 187 So.2d 565 (1966).
Section 12-21-5, supra, merely provides a procedure by which copies of hospital records may be admitted without producing the originals and without calling the custodian to lay a predicate. The statute does not allow the carte blanche admission of all hospital records; it does not do away with the rule against hearsay or the opinion evidence rule. Lowery v. State, 55 Ala.App. 511, 317 So.2d 357 (1974).
In our judgment, Dr. Williams' statement, whether written or oral, that he diagnosed the patient as a victim of child abuse was an impermissible statement of opinion on an ultimate issue in the case. A witness, whether expert or lay, may not give his opinion on an ultimate fact in issue. Wilkinson v. Duncan, Ala., 319 So.2d 253 (1975); Colvin v. State, 247 Ala. 55, 22 So.2d 548 (1945); Sovereign Camp W.O.W. v. Ward, 196 Ala. 327, 71 So. 404 (1916); ...
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...to the hearsay rule.Section 12–21–5 “does not allow the carte blanche admission of all hospital records....” Wyatt v. State, 405 So.2d 154, 157 (Ala.Crim.App.1981) (citing Lowery v. State, 55 Ala.App. 511, 317 So.2d 357 (1974), reversed on other grounds, 294 Ala. 347, 317 So.2d 360 (1975) )......
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...in the third degree. Code Section 13A-6-22. His conviction for assault in the third degree was reversed on appeal. Wyatt v. State, 405 So.2d 154 (Ala.Cr.App.1981). On retrial, the defendant was again convicted of assault in the third degree. Sentence was one year imprisonment and a fine of ......
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