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…
1Opinion of the CourtRoss, J.
(After Stating the Pacts as Above.) — 1. The appellants were charged with stealing five head of horses. The evidence relied upon by the prosecution for conviction was both direct and circumstantial, and both the prosecution and defense introduced a great deal of impeaching evidence. Just why it was thought necessary by the court to limit the application of the rule “Falsus in uno, falsus 'in omnibus,” to the impeaching testimony it is difficult to determine. Certainly the basis for such an instruction does not exist in this, record, as there was a sharp and irreconcilable conflict in the…
2Cases cited15 opinions
- People v. StokesCalifornia Supreme Court · 1894
- People v. LearyCalifornia Supreme Court · 1895
- Loose v. StateWisconsin Supreme Court · 1903
- Styles v. StateSupreme Court of Georgia · 1907
- Russell v. Oregon R. & N. Co.Oregon Supreme Court · 1909
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3Cited by13 opinions
- State v. EisensteinArizona Supreme Court · 1951
- People v. RiveraNew York Court of Appeals · 1970
- Singh v. StateArizona Supreme Court · 1929
- Blackburn v. StateArizona Supreme Court · 1927
- State v. MoyeCourt of Appeals of North Carolina · 1971
8 more not listed; retrieve them via the Exa API.