82 Ala. 8 | Ala. | 1886
— When a witness is impeached by proving his reputation for truth and veracity to be bad, the jury are the sole judges of the credence to which his testimony is entitled, on consideration of his demeanor on the stand, the consistency of his statements with the testimony of other witnesses, and of all the facts and circumstances brought out, subjected to all the tests by which the credibility and sufficiency of oral testimony may be determined. If im
The identical charge requested by the defendant was held to be erroneous, and rightly refused, in Moore v. The State, 68 Ala. 360, overruling in effect Cohen v. The State, 50 Ala. 108. In Marlin v. The State, 28 Ala. 71, a similar charge was given by the trial court, and was not considered by this court. The first branch of the 5th head-note incorrectly states the question as considered and decided.
Affirmed.