Trial Evidence a Practical Treatise On the Law of Evidence And Related Subjects

Cover Trial Evidence a Practical Treatise On the Law of Evidence And Related Subjects
Trial Evidence a Practical Treatise On the Law of Evidence And Related Subjects
Reed Metzler
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Scott, 35 0. S. 104.
(c) The maxim, "falsus in uno, falsus in omnibus, " Is to be applied by the jury according to their own judgment for the ascertainment of the truth ; it is not a rule of law in virtue of which the judge may withdraw the evidence from their consideration, or direct them to disregard it altogether. It is error to charge the jury that if the general character of a witness is successfully impeached, they are bound to disregard the whole of his testimony.
Mead v. McGraw, 10 0. S
.... 55. Sharp V. State, 16 0. S. 218. Smiley v. Dewey, 17 Oh. 156, 160.
(d) And it is not true in law that a witness must be cred- ited unless directly impeached or contradicted by other wit- nesses; his manner, the improbability of his story, and his self-contradiction in the several parts of his narrative may justify the jury in wholly rejecting his testimony, though he 11') COURT AND JURY §91 is not attacked in his reputation or contradicted by other v. Itnesses.
French v. Millard, 2 0. S. 44.


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