Legal Opinion

Barnett v. Commonwealth

Court of Appeals of Kentucky

Decided November 11, 1886PublishedCited by 7 opinions

Case 60-INDICTMENT APPEAL FROM UNION CIRCUIT COURT. 1. It is error in instructing a jury to caution them in regard to any species or character of evidence, or the mode in which they shall consider any class of witnesses or any character of testimony. The case of Eleetwood v. Commonwealth. 80 Ky., 5, is the only case approving such an instruction as that complained of by appellant.

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Case 60-INDICTMENT APPEAL FROM UNION CIRCUIT COURT. 1. It is error in instructing a jury to caution them in regard to any species or character of evidence, or the mode in which they shall consider any class of witnesses or any character of testimony. The case of Eleetwood v. Commonwealth. 80 Ky., 5, is the only case approving such an instruction as that complained of by appellant. (Brady v. Commonwealth, 11 Bush, 235-6; Elswick v. Commonwealth, 13 Bush, 155-157; Berry v. Branham, &c., 3 Ky. Law Rep., 756; Cook v. Commonwealth, 4 Ky. Law Rep., 33; 4 Ky. Law Rep., 226; Ibid.., 827; 3 Ky. Law…

1Opinion of the Court

JUDGE HOLT

delivered the opinion of the court.

Upon the trial of the appellant, Charles Barnett, for malicious shooting and wounding, the following instruction was given over his objection: “The jury are the sole judges for themselves of the weight of the testimony and credibility of the witnesses, and may attach *450such, weight to any and all parts thereof as they may think proper; and if they believe that any witness or witnesses have willfully sworn falsely as to any material fact, they may, if they deem proper, disregard the entire testimony of such witness or witnesses.” Theoretically, this…

2Cases cited3 opinions

  1. Brady v. CommonwealthCourt of Appeals of Kentucky · 1875
  2. Berry v. BranhamCourt of Appeals of Kentucky · 1882
  3. Cook v. CommonwealthCourt of Appeals of Kentucky · 1882

3Cited by7 opinions

  1. Jacobus v. Congregation of ChildrenSupreme Court of Georgia · 1899
  2. Walker v. CommonwealthKentucky Supreme Court · 2011
  3. Forman v. CommonwealthCourt of Appeals of Kentucky · 1888
  4. Shaw v. CommonwealthCourt of Appeals of Kentucky · 1925
  5. Berry v. BranhamCourt of Appeals of Kentucky · 1882

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