Appellant, defendant below, was convicted of the crime of murder in the second degree, and from the judgment prosecutes this appeal. The case was submitted on November 7, 1923, and decided on December 3, 1923, by the Court of Appeals of the District of Columbia with Associate Justice Van Orsdel writing the opinion.
In the course of the trial counsel for defendant offered an expert witness to testify to the result of a deception test made upon defendant. The test is described as the systolic blood pressure deception test, and it is asserted that blood pressure is influenced by changes in the emotions of the witness, the systolic blood pressure rises being brought about by nervous impulses sent to the sympathetic branch of the autonomic nervous system.
Scientific experiments, it is claimed, have demonstrated that fear, rage, and pain produce a rise of systolic blood pressure, and that conscious deception or falsehood, concealment of facts, or guilt of crime, when accompanied by fear of detection while the person is under examination, raises the systolic blood pressure in a curve which corresponds to the struggle going on in the subject's mind between fear and attempted control of that fear as the examination touches the vital points in respect of which he is attempting to deceive the examiner.
Prior to the trial defendant was subjected to this deception test, and counsel offered the scientist who conducted the test as an expert to testify to the results obtained. The offer was objected to by counsel for the government, and the court sustained the objection. Counsel for defendant then offered to have the proffered witness conduct a test in the presence of the jury, and this also was denied.
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