United States v. Baldwin

(concurring in the result) :

I agree that the principle enunciated in the instruction “Falsus in uno, falsus in omnibus” embod-ies a permissible inference which the jury may draw and that it is not a mandatory rule of evidence. However, in circumstances where the law officer gives this instruction I do not believe that it completely states the inference the jury may draw. *198Rather, I believe the instruction must add that the statement of the witness must constitute wilful testimony as to a material issue. I am further of the opinion that corroboration will disallow the jury from drawing the…