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Article
May 19, 1894

ASSUMPTIONS PERMITTED IN HYPOTHETICAL QUESTIONS.

JAMA. 1894;XXII(20):757-758. doi:10.1001/jama.1894.02420990031009

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Abstract

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.

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