Swanson v. State

Appellant was convicted of the offense of criminal abortion charged in an indictment based on § 10-105, Burns’ 1942 Replacement, § 2428, Baldwin’s 1934. Among the numerous errors assigned in his motion for a new trial was the giving of the following instruction tendered by appellee:

“The law gives persons accused of crime the right to testify in their own behalf, but their credi bility and the weight to be given to their testimony are matters exclusively for the jury. Therefore, in weighing the testimony of the defendant in this case, you have the right to take into consideration the manner of…