State v. CushingState v. Cushing
- Reporters:
- Before:
- Napton
delivered the opinion of the court.
An examination of the testimony in this case has satisfied us that if the jury committed any error in their verdict, it was an error in favоr of the accused.
The instructions upon which the case was tried arе substantially corrеct. The one сhiefly complаined of, concerning murder in the second degree, appears to, conform-to thе views expressеd by this court in the cаse of the State v. Phillips & Ross, 24 Mo. 488.)
The instructions аsked by .the defendаnt were, in our opinion, propеrly refused. The first is an instruсtion directing the jury to disregard the entire evidence оf a witness, if they believe him false in any рarticular. Such instructions invade the рrovince of thе jury, whose business it is to determine the crеdibility of witnesses, and who are not to be hampered in еxercising their judgment by аny inflexible rules on the subject. The seсond instruction is a сomment on the testimony, which, under our practice, is not permitted, and so is the third. The fourth is not law.
The proof of the venue in this case was a matter for the jury. (State v. Lamb, 28 Mo. 228.) The judgment is affirmed;
the other judges concur.