Section 1833

Citation: Section 1833 6.
Parent Document: Berry v. Chaplin, 74 Cal. App. 2d 652 (1946)
Jurisdiction: California (state)
Effective Date: 1946-05-27
Original Source: https://www.courtlistener.com/opinion/2616982/berry-v-chaplin/ ↗

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6. Did the court err in instructing the jury? Defendant complains of the following instruction: "Whatever claims the medical profession may make for blood tests to determine parentage, no evidence is by law made conclusive or unanswerable unless so declared by the Code of Civil Procedure of the State of California, and the said Code of Civil Procedure of this state does not declare that this type of expert testimony is conclusive or unanswerable, therefore, you are not bound by such medical opinions.” The instruction correctly states the law as declared in Arais v. Kalensnihoff, supra. Other instructions were given upon the subject of expert testimony but it is not claimed that there is conflict among them. The instruction complained of contains no emphasis upon or detraction from evidence of any character introduced at the trial.

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