A Treatise on Instructions to Juries in Civil and Criminal Cases; Including Province of Court and Jury

A Treatise on Instructions to Juries in Civil and Criminal Cases; Including Province of Court and Jury

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...he has in your verdict."' That "the fact that such witness is specially interested in the result of the action or of your deliberations may be taken into account by you.""' That "it will be proper for you to consider the fact that he is the defendant, and that greatest possible temptation is presented to him to testify in his own favor, if he is really gnilty.""" But, in instructing the jury that they may consider the interest of a defendant us affecting his credibility, it is erroneous to give this statement undue weight by repetition?" "5 Lake Erie & W. R. Co. v. Parker, 94 Ind. 91; Young v. Geutls, 7 Ind. App. 199; Chicago & G. T. Ry. Co. v. Spurney, 69 Ill. App. 54.'). 1" State v. Zorn, 71 Mo. 415. 167 State v. Maguire. 69 Mo. 197. See, also, State v. Wisdom, 84 M0. 190, in which an instruction almost identical with the one set out above was approved. 1" State v. McGinnis, 76 Mo. 326. 1" State v. Bohan, 19 Kan. 35. 17 Faulkner v. Territory, 6 N. M. 464. 1T1Terrltory v. Romine, 2 N. ll. 114. This case was decided before the statutory provision against charging on the weight of the evidence was passed. l 111 Clark v. State, 32 Neb. 246. In charging as to the credibility of witnesses other than parties, it has been held proper to instruct that the jury may consider the interest of the witnesses in the event of the suit."'3 Vhcre the wife of a defendant is a witness, the court may instruct that, in weighing her testimony, the jury may take intc consideration the fact that the defendant is the accused, and is on trial, the statute expressly providing that the fact of the relationship may be shown as affecting credibility."'...show more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236856228
  • 9781236856227