1. Blood Grouping Tests--Paternity Determinations--Effect of Expert Testimony.
- Author
-
Inbau, Fred E. and O'Neill, M. Edwin
- Subjects
COMPATIBILITY testing (Hematology) ,APPELLATE courts ,WITNESSES ,LEGAL evidence - Abstract
The article presents information about two decisions that were given recently by the California Supreme Court and by the District Court of Appeals. In the case of Arais v. Kalensnikoff, in California, a question arose regarding the utilization of the results of blood grouping tests in a paternity determination. At the trial the results of the test were admitted and they indicated the impossibility of the defendant's being the father of the child in question. Nevertheless, because of other evidence introduced at the trial the court found in favor of the plaintiff. The court ruled that the law makes no distinction whatever between expert testimony and evidence of other character. Although it encourages the demonstration of the truth of the issues before a court by any means which are generally accepted as tending to prove the facts in dispute, when there is a conflict between scientific testimony and testimony as to the facts, the jury or trial court, must determine the relative weight of the evidence.
- Published
- 1938