Holmes v. State

John Holmes was convicted of the crime of assault and battery in the district court for Harlan county, and was sentenced to pay a fine of flOO, together with the costs of prosecution. He has brought the case here by petition in error, and will hereafter be called the defendant.

The record contains several assignments of error, but one of which will be considered in this opinion. That contention is that the district court erred in giving paragraph 9 of his instructions, which reads as MIoavs: “You are instructed, gentlemen of the jury, that the credit of a witness depends largely upon two…