Scoggins v. State

1. The following, excerpt from the charge of the court is complained of: ' “ A witness may be impeached by contradictory statements previously made by him as to matters relevant to his testimony and to the case; and where a witness has been so successfully impeached, it is your duty to disregard his testimony altogether.” Standing alone this excerpt is error, as the jury have the right to determine for themselves the credibility of a witness, even if they find he has been “successfully” impeached. Civil Code (1910), § 5884. When, however, this excerpt is considered with its immediate context,…