State v. Dowell

1. Upon trial by jury, defendant was found guilty of burglary in the first degree, OPS 164.225. The sole assignment of error on appeal concerns the following instruction given by the trial court:

“* * * Every witness is presumed to speak the truth and this presumption may be overcome by the manner in which a witness testifies. A witness found to be intentionally false in a part of his or her testimony, is to be distrusted in regard to the other parts thereof.”

The only witnesses were the aggrieved householder whose property was stolen, and the police officers who discovered, arrested and…