¶1Concurring and Dissenting Opinion
¶2— I concur in the result reached by the majority, because the over-all effect of Dr. Hogle’s testimony made it clear that, in his opinion, the defendant was not legally responsible for the homicide, and I do not believe that his having been disallowed to answer the specific question under consideration could have detracted from the persuasiveness of his testimony. It was error, however, to have precluded his answer on the basis that it would invade the province of the jury. Williams v. State, (1976) 265 Ind. 190, 352 N.E.2d 733; Smith v. State, (1972) 259 Ind. 187, 285 N.E.2d 275.
¶3Bobbitt v. State, (1977) 266 Ind. 164, 361 N.E.2d 1193, stands for the proposition that reversal may not be predicated upon the erroneous admission of evidence when evidence having the same probative effect is admitted without objection and without contradiction. The majority cites it as authority for holding the rejection of evidence as harmless, which is quite a different thing. I am aware of no authority that admissible material evidence may be rejected and the error held to be harmless for the reason alone that there was other evidence having the same probative value.
¶4Note. — Reported at 378 N.E.2d 848.