33 Ala. 429 | Ala. | 1859
That part of the charge which declares, “ that the evidence of a man who was asleep a part of the time, who contradicted the witness Glass on the question of the playing of the defendant, should have no weight with ” the jury, cannot be upheld. It was an invasion of the province of the jury, who are alone the judges of the credibility and weight of the evidence. This testimony may have been weak, but it was the defendant’s right to have it weighed by the jury.—Corley v. The State, 28 Ala.
The judgment of the circuit court is reversed, and the -cause remanded.