A Treatise On the Law of Instructions to Juries in Civil And ..., volume 1

Cover A Treatise On the Law of Instructions to Juries in Civil And ..., volume 1
A Treatise On the Law of Instructions to Juries in Civil And ..., volume 1
Henry Edward Randall, West Publishing Company
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An Instruc- tion that the interest of the prisoner is never to be excluded from the minds of the Jury ; that wherever he **has made a statement not true, to establish a falsity Instead of a truth, his testlmcmy is not entitled to the credit of a witness who stands fair- ly before you uncontradicted"; and that then *'hls testimony Is entitled to no weight or credit of Itself, ex- cept so far as It is consistent with the known and established facts of the case, as corroborated by other witnesses^...' — is not open to an objec- tion that It charges that the "testi- mony of the prisoner was entitled to no weight except as corroborated by others," especially where, upon ex- ception being taken on such ground, the Judge replied, "I have not said that gentlemen." People v. Pet- mecky, 99 N. T. 415, 2 N. B. 145.
Where, after the court Instructed the Jury that they could believe a part of the statement and reject a part it was not misleading to charge to "find out what the truth of the case is, what the real facts are.


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