Buckley v. State
Buckley v. State
Opinion of the Court
delivered the opinion of the court.
By the sixth instruction for the State the jury was told that “ It is true that under the laws of this State the defendant is a competent witness in his own behalf, but in weighing his testimony the jury should consider the interest he has in the result of the same, and they may disregard it altogether.” This was clearly wrong. The jury had no right to disregard the testimony of the defendant merely because he was such and deeply interested in the result. The statute makes a defendant a competent witness, and while it is for the jury to determine the weight to be given to his evidence, it
Reversed and remanded.
Reference
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- Pleas Buckley v. State
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- Syllabus
- Evidence. Testimony of one accused of crime. Instruction as to credibility thereof. Practice. Under the legislative act approved February 27, 1882, providing that, “The accused shall be a competent witness for himself in any prosecution against him,” it is error for the court to instruct the jury trying an indictment for murder that “ in weighing the defendant’s testimony they should consider the interest he has in the result, and they may disregard it altogether.” Such testimony should be permitted to go to the jury without being prejudiced, impaired, or influenced by suggestions as to its probable falsity or cautions against giving credence to it.