24 S.E. 118 | N.C. | 1896
In the trial below the defendant and his wife were introduced as witnesses for himself. In reference to the weight *765
of their testimony, the court told the jury that it was their duty "to scrutinize carefully the evidence of the defendant and his wife, and on account of their interest in the event of the action should receive their testimony with grains of allowance." The defendant entered an exception to this instruction, and we are of the opinion that the exception was well taken. The language used was, in effect, a charge to the jury that, even though they might believe the witnesses to be honest and the testimony to be true, yet that, somehow or other, the testimony was still suspicious and not entitled to their full confidence. His Honor should have said to the jury, in addition, (1204) that if, after a careful scrutiny of their testimony, because of their interest, they yet believed the same to be true, the witnesses would be entitled to as full credit as other witnesses. In S. v. Byers,
New Trial.
Cited: S. v. Lee,