13 Pa. 538 | Pa. | 1850
The opinion of the court was delivered by
The point decided in Noble vs. M’Clintock, 6 W. & S. 58, is, that a refusal to let the opinion of the Supreme Court be read to the jury, as the law of the case, is not error for which this court will reverse; but the reasons for it seem not to have been fully stated. The jury^are’lntake the law of the case, not from the report of a former trial of it, but from the lips of the presiding judge whose direction is a subject of revision. It is no objection to this, that the facts may be complicated with principles of law; and that the jury may find a general verdict. The law and the fact are separable in every case; and the province of the judge, and the province of the jury are equally so, the judge furnishing
Judgment affirmed.