Gulliher v. People

Hr. Justice Walker

delivered the opinion of the Court:

This was an indictment against plaintiffs in error, for robbery, upon which they were convicted.

On the trial, Foote was sworn as a witness, and testified to matters which, if true, tended to rebut the proofs of the prosecution in material matters relating to himself and to his co-defendant. Tie was, however, in this contradicted by other witnesses.

The court gave to the jury the following instruction:

“ The court instructs the jury that while, under the statute, the defendants are permitted to testify, their credibility is left to the jury;…