Mikula v. Tailors

I

Schneider, J.

The defendant unsuccessfully requested the trial court to give the following special instruction concerning false testimony of' a witness:

“I hereby charge you that if you find from the evidence that any witness has wilfully testified falsely to any material fact, you are free to assume that he or she testified falsely about all matters to which he or she testified, and you are at liberty to disregard the whole or any part of the testimony of such witness.”

A falsus in uno, falsus in omnibus instruction is permissible, if at all, only where an apparent conscious falsity is uttered…