State v. Connors

Daniel Connors was convicted of the crime of rape, and appeals from the judgment. Appellant’s specifications of error relate to subdivision 3 of instruction 7, and to instructions 14 and 15, given by the court.

1. Subdivision 3 of instruction No. 7 is as follows: “That a witness false in one part of his testimony is to'be distrusted in others.” This is a literal copy.of subdivision 3 of section 3390 of the Code of Civil Procedure. It is contended, however, that by this instruction the court invaded the province of the jury, and that the jury are the exclusive judges of the credibility of…