The prisoner stands indicted for murder. Several exceptions were made, and we find one that requires us to order a new trial, and as the others mаy not be made again we do not pass upоn them at present. The *545 prisoner’s wife was examined by him. In regard to her testimony the Court charged thе jury: “They (the prisoner and wife) stand in the close relation of husband and wife, and the law is that, standing in close relation, there is a cloud of suspiciоn cast upon her testimony. At the same time the lаw does not say that a wife cannot swear tо the truth. The law does not instruct you not to believe her, but it does caution you to scan her testimоny very closely. The wife is a competent witnеss in behalf of her husband, but in view of the close relation between them and the cloud of suspicion cast upon her testimony, the law says the jury should scrutinize her evidence with great severity. If the jury rejеct the evidence of the wife, it would still devolve upon the State to furnish you with evidence to satisfy you beyond a reasonable doubt of the guilt оf the prisoner.” To this charge the prisoner еxcepted.
Besides the strong and significant language of his Honor, which we cannot approve, he failed to'instruct the jury, as this Court has several times pointed out and required to be done, that, if they believe the discredited witness has sworn the truth, hе is entitled to as full credit as any other witness. We will again state the rule: The law regards with suspicion the testimony of near relations, interested parties, and those testifying in their own behalf. It is the provinсe of the jury to consider and decide the weight duo to such testimony, and, as a general rule, in dеciding on the credit of witnesses on both sides, they оught to look to the deportment of the witnessеs, their capacity and opportunity 'to tеstify in relation to the transaction,'and the relаtion in which the witness stands to the party; that such evidence must be taken with some degree of allоwance and should not be given the weight of the еvidence of disinterested witnesses, but the rule does not reject or necessarily impeach it; and if, from the testimony, or from it and the other faсts
*546
and circumstances in the case, the jury believe that such witnesses have sworn the truth, then they áre еntitled to as full credit as any other witness. The omission in his Honor’s charge, tested by this rule, was liable to mislead the jury into the impression or ..belief that the evidence of the wife is to be to some extent discredited, although the jury may think she is honest and has told the truth.
State
v.
Nash,
New trial.