Knowles v. People
Michigan Supreme Court
Error to Lenawee Circuit. The defendant was convicted of larceny and sentenced to state prison. The decision of the questions involved turns upon the charges of the court below, which, with the facts, are stated in the opinion. 1. No credit should be given to any witness (much less to a witness standing in the position of accomplice, as McEvoy did in this case,) who has committed willful and corrupt perjury in the very testimony, which is relied on to convict the defendant.
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Error to Lenawee Circuit. The defendant was convicted of larceny and sentenced to state prison. The decision of the questions involved turns upon the charges of the court below, which, with the facts, are stated in the opinion. 1. No credit should be given to any witness (much less to a witness standing in the position of accomplice, as McEvoy did in this case,) who has committed willful and corrupt perjury in the very testimony, which is relied on to convict the defendant. The maxim “Malsus in uno, falsus in omnibus" ought certainly to apply in such a case, if ever. — 5 Cow. 253, 246. So if…
1Opinion of the Court
Campbell J.
Defendant was convicted in the Circuit Court for the county of Lenawee of a charge of larceny, in stealing cattle. The conviction was had upon the testimony of Matthew McEvoy, who swore that he and the defendant committed the crime.
There being testimony tending to show that McEvoy had made contradictory statements on points material to the issue, the defendant asked the court to charge the jury that, if the witness had in any thing material sworn *412wilfully and knowingly to that which was false, his whole testimony must he disregarded by the jury. This request was refused, and the…
2Cases cited1 opinion
- Carne v. LitchfieldMichigan Supreme Court · 1852
3Cited by42 opinions
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- United States v. WeinsteinCourt of Appeals for the Second Circuit · 1971
- State v. DennisOregon Supreme Court · 1945
- People v. HareMichigan Supreme Court · 1885
- Chevron Corp. v. DonzigerDistrict Court, S.D. New York · 2014
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