People v. Soto

Morrison, C. J.:

On the trial of the above case the Judge of the Superior Court gave the jury the following instruction:

“If you believe that the defendant, or any other witness in this case who has testified, has willfully testified falsely in regard to any fact material to the issue, you are at liberty to disregard and entirely discard the whole testimony of such witness in coming to your verdict.”

It is claimed on behalf of the defendant that the above instruction was erroneous, inasmuch as the Court thereby invaded the province of the jury. In support of this view, the learned counsel refers…