118 Ky. 780 | Ky. Ct. App. | 1904
Opinion of the court by
Affirming.
The opinion in this case upon the former appeal, reported in 67 S. W., 1000, 24 Ky. Law Rep., 81, contains a full statement of the pleadings and testimony upon the first trial of this action, and it is unnecessary to state them again. A judgment in favor of the appellee was reversed on that appeal upon the ground of insufficient evidence and the failure of the trial court to grant a new trial upon the ground of newly discovered evidence. Upon the return of the case to the lower court the trial again resulted in a verdict for the appellee, which was set aside, and a new trial granted,, chiefly upon the ground that it was not sustained by the evidence. A third trial also resulted in a verdict for appellee, hut for a smaller sum, which we are again asked to reverse upon the ground that it was the result of passion and prejudice and not sustained by sufficient evidence.
In both of the last trials Sam Hooks, one of the parties
In addition thereto, in instruction No. 5 the court told the jury that the “unsupported testimony of an infamous witness was not sufficient upon which to found a verdict.” It developed upon this trial that Robert Craig, plaintiff’s chief witness, subsequently to the first trial of the case had been convicted and sentenced to the penitentiary for burglary. His conviction of the crime of burglary did not disqualify him as a witness. While it was competent to prove the fact of his conviction for the pui’pose of discrediting him, the jury were the sole judges of the weight to which his testimony was entitled. Section 1180 of the Kentucky Statutes -of 1903 provides “that if any person be convicted of either iof the offenses- described in the seven preceding sections that be should- ever afterwards be disqualified from giving evidence in any judicial proceeding, or from being a witness in any case whatsoever.” The offenses described in the seven preceding sections are perjury, false swearing, suborna