Babb v. State
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Maricopa. John C. Phillips, Judge. STATEMENT OF FACTS BY THE COURT. The appellants ask for a reversal of this case on the ground that the court misdirected the jury as to the law and for misconduct of the jury.
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APPEAL from a judgment of the Superior Court of the County of Maricopa. John C. Phillips, Judge. STATEMENT OF FACTS BY THE COURT. The appellants ask for a reversal of this case on the ground that the court misdirected the jury as to the law and for misconduct of the jury. The instructions complained of are as follows: “(1) Where witnesses have appeared and sworn to matters tending to impeach the veracity of other witnesses, you will judge and weigh the testimony of said impeaching witnesses in the same manner as that of any other witness, and when such witnesses have attacked the credibility…
1ConcurrenceCunningham, J.
(Concurring Specially). — I concur in the order granting the defendants a new trial. The specific reasons that control my opinion are that the third paragraph of the instructions of which complaint is made does invade the province of the jury. It is not the law that the positive testimony of one credible witness to a fact, which in the light of all other evidence in the ease appears reasonable and believable is entitled to more weight than the testimony of several witnesses, equally credible, who testify negatively, or to collateral circumstances merely persuasive in their character, from…
2Cases cited6 opinions
- Moon v. StateSupreme Court of Georgia · 1882
- State v. Murray.Supreme Court of North Carolina · 1905
- State v. DorseySupreme Court of Louisiana · 1888
- Henderson v. . CrouseSupreme Court of North Carolina · 1860
- McConnell v. StateSupreme Court of Georgia · 1881
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