Campbell v. State
Supreme Court of Kansas
Error from Leavenworth County. The record in this case involved the same questions involved in the next preceding case of Craft v. The State, and in addition, other questions arising from the charge of the court to the jury. The court charged among other things that: a. “If the jury believe from the evidence that any witness knowingly and corruptly testified falsely as to any of the material facts in the case, the jury may disbelieve all of the testimony of such witness.” b.
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Error from Leavenworth County. The record in this case involved the same questions involved in the next preceding case of Craft v. The State, and in addition, other questions arising from the charge of the court to the jury. The court charged among other things that: a. “If the jury believe from the evidence that any witness knowingly and corruptly testified falsely as to any of the material facts in the case, the jury may disbelieve all of the testimony of such witness.” b. “ That the credibility of a witness is a question for the jury to decide. A jury may still believe a witness where his…
1Opinion of the Court
By the Court,
Saefobd, J.
The decision of this court in the case of Craft v. The State, just announced, practically determines this case, and renders a new trial necessary. Such being the fact, we might well be content to simply refer to the reasoning in the former case, as fully sustaining our action here.
But in addition to the questions common to both cases, another point arises in this one, which we deem of too much importance to remain unnoticed, and especially since it may be likely to be again raised on a new trial herein.
On the trial of this cause in the court below, .the defendant asked…
2Cases cited2 opinions
- The Santissima Trinidad.Supreme Court of the United States · 1822
- State v. DwireSupreme Court of Missouri · 1857
3Cited by10 opinions
- State v. HorneSupreme Court of Kansas · 1872
- State v. HartfieldSupreme Court of Kansas · 1989
- Higbee v. McMillanSupreme Court of Kansas · 1877
- Shellabarger v. NafusSupreme Court of Kansas · 1875
- Rue v. MerrillWyoming Supreme Court · 1931
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