State v. Elby

The defendant, appellant, was indicted and tried for murder, was convicted of manslaughter, and sentenced to imprisonment in the penitentiary for a term not less than six nor more than eight years.

He reserved a bill of exception to a part of the judge’s charge to the jury as follows, viz.:

“You are the exclusive judges of the facts. You find from the evidence what facts have been proven, and what facts have not. For this purpose, you determine the credibility of the witnesses, and the weight to be given to their testimony. You have the right to accept as true or reject as false the testimony…