This article is only available in the PDF format. Download the PDF to view the article, as well as its associated figures and tables.
Counsel are not confined to facts admitted or absolutely proved in propounding their hypothetical questions to experts. So declares the Supreme Court of Colorado in the case of Jordan v. People, decided March 7, 1894. They may assume, the court holds, for the purposes of the questions, any statement of facts which the evidence tends to establish. It is the province of the jury to determine the truth or falsity of the assumed facts.
ASSUMPTIONS PERMITTED IN HYPOTHETICAL QUESTIONS.. JAMA. 1894;XXII(20):757-758. doi:10.1001/jama.1894.02420990031009