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PEOPLE v. COLLINS

Docket No. Crim. 11176.

68 Cal.2d 319 (1968)

438 P.2d 33

66 Cal. Rptr. 497

THE PEOPLE, Plaintiff and Respondent, v. MALCOLM RICARDO COLLINS, Defendant and Appellant.

Supreme Court of California. In Bank.

March 11, 1968.

Attorney(s) appearing for the Case

Rex K. DeGeorge, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Nicholas C. Yost, Deputy Attorney General, for Plaintiff and Respondent.

SULLIVAN, J.

We deal here with the novel question whether evidence of mathematical probability has been properly introduced and used by the prosecution in a criminal case. While we discern no inherent incompatibility between the disciplines of law and mathematics and intend no general disapproval or disparagement of the latter as an auxiliary in the fact-finding processes of the former, we cannot uphold the technique employed in the instant case. [1a]

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