Bonnie v. Earll
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. The cause was tried before Durfee, J. Defendant had judgment below. Statement of the case prepared by the judge delivering the opinion. The verdict and judgment were against the plaintiffs in this action.
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Appeal from Third Judicial District, Deer Lodge County. The cause was tried before Durfee, J. Defendant had judgment below. Statement of the case prepared by the judge delivering the opinion. The verdict and judgment were against the plaintiffs in this action. They appealed from an order denying a new trial, and, among other things, complained of the following instruction : “ (9) If you believe that the testimony of any witness in this case has been given under the influence of ill-will towards the defendants, or either of them, and you believe that any portion of said testimony to be untrue…
1Opinion of the CourtBe Witt, J.
An instruction based upon the maxim, falsus in uno, falsus in omnibus, may be given when there is something to indicate that a witness wilfully testified falsely as to a material matter. The Supreme Court of Georgia has *241formulated the matter for such instruction in the following remarks, in the case of Pierce v. State, 53 Ga. 369: “We think the true rule to be deduced from these decisions, and one that is proper to be given in charge to the jury when the question arises, is if a witness knowingly and wilfully swears falsely in a material matter, his testimony should be rejected entirely,…
2Cases cited9 opinions
- People v. SpragueCalifornia Supreme Court · 1879
- People v. StrongCalifornia Supreme Court · 1866
- Wilkins v. . EarleNew York Court of Appeals · 1870
- Hoge v. PeopleIllinois Supreme Court · 1886
- Pierce v. StateSupreme Court of Georgia · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. De WolfeMontana Supreme Court · 1904
- West Pub. Co. v. Lawyers' Co-Operative Pub. Co.Court of Appeals for the Second Circuit · 1897
- State v. WalnIdaho Supreme Court · 1905
- State v. BoylesIdaho Supreme Court · 1921
- State v. LeeMontana Supreme Court · 1906