Davis v. State
Mississippi Supreme Court
From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Davis, the appellant, was tried for and convicted of an assault with intent to murder one Joseph Mashburn, and appealed to the supreme court.
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From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Davis, the appellant, was tried for and convicted of an assault with intent to murder one Joseph Mashburn, and appealed to the supreme court. The instruction, referred to in the opinion, and condemned by the court, was in these'words: - “The court instructs the jury for the state, that you are the sole judges of the weight of the testimony and the credibility of each witness, and if, from the evidence in this case, you believe any witness testified falsely to a material fact, it is your duty to, and you should, disregard…
1Opinion of the CourtCalhoon, J.
The second instruction given the state represents the doctrine, “falsus in uno, falsus in omnibus/’ in its most objectionable shape. As given, it is-a charge on the weight of evidence, and *121tells the jury, in effect, that, if they believe any statement of a witness untrue, they must believe all he said, whether 'or not the statement, was wilfully, knowingly or corruptly made, and whether or not they do-, in fact, believe his other statements to be true. White v. State, 52 Miss., on p. 227; Finley v. Hunt, 56 Miss., 221, and Sardis & Delta R. Co. v. McCoy, 85 Miss., 391 (37 South. Rep., 706),…
2Cases cited3 opinions
- Sardis & Delta Railroad v. McCoyMississippi Supreme Court · 1904
- Boykin v. StateMississippi Supreme Court · 1905
- Finley v. HuntMississippi Supreme Court · 1878
3Cited by5 opinions
- D'Antoni v. AlbrittonMississippi Supreme Court · 1930
- Gulf, M. N.R. Co. v. WeldyMississippi Supreme Court · 1942
- McClure v. StateMississippi Supreme Court · 1930
- Wofford v. StateMississippi Supreme Court · 1911
- Gordon v. StateMississippi Supreme Court · 1940