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Davis v. State
42 So. 541
Miss.
1906
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Calhoon, J.,

delivered the opinion of the court.

The second instruction given the state represents the doctrine, “falsus in uno, falsus in omnibus/’ in its most objectionable shape. As given, it is-a charge on the weight of evidence, and *121tells the jury, in effect, that, if they believe any statement of a witness untrue, they must believe all he said, whether 'or not the statement, was wilfully, knowingly or corruptly made, and whether or not they do-, in fact, believe his other statements to be true. White v. State, 52 Miss., on p. 227; Finley v. Hunt, 56 Miss., 221, and Sardis & Delta R. Co. v. McCoy, 85 Miss., 391 (37 South. Rep., 706), cited by appellant’s counsel, and 2 Wigmore on Evidence, sec. 1008, and Boykin v. State, 86 Miss., 481 (38 South. Rep., 725). We do not now decide any other assignment of error. Reversed and remanded.

Case Details

Case Name: Davis v. State
Court Name: Mississippi Supreme Court
Date Published: Nov 15, 1906
Citation: 42 So. 541
Court Abbreviation: Miss.
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