Reports of Cases Argued And Determined in the Supreme Court of Appeals of West Virginia

Cover Reports of Cases Argued And Determined in the Supreme Court of Appeals of West Virginia
Reports of Cases Argued And Determined in the Supreme Court of Appeals of West Virginia
West Virginia. Supreme Court of Appeals
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They saw him in the ordeal of examination.
They scrutized his countenance, his demeanor, his words, his tone. They were to judge of his veracity. They dis- credited his denial of guilt. They saw and heard all the witnesses, all the circumstances of the trial, — often silent, Digitized by CjOOQ IC 182 State ?\ Watts.
but potential, evidence of the real truth. That judge and those jurors would average with us, had we been present, in capacity to judge of evidence; and as we have nothing of the ac
...tual appearance of the trial, and only the evidence in cold type, they are vastly more competent than we to pass safe judgment upon the facts. We are not a jury.
We have power — mere power — to discredit verdicts: but we must be cautious in so doing.
Why have juries, if appellate judges are to go into the business of weighing evidence as if by the ounce and pound? We ought not to do this. It is an abuse of power, and a misconception of our functions and of the jury function. The jury institution is sacred under our Constitution, and a verdict is to be highly re- spected.


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