Sardis & Delta Railroad v. McCoy

Mississippi Supreme Court
Sardis & Delta Railroad v. McCoy, 85 Miss. 391 (Miss. 1904)
Truly

Sardis & Delta Railroad v. McCoy

Opinion of the Court

Truly, J.,

delivered the opinion of the court.

This is a very close case on the facts, so close that the error of law in granting the second instruction for the plaintiff is fatal. We again announce that, where jurors are instructed as to their right to reject the testimony of witnesses on the ground that they have sworn falsely to any part of their testimony, the instruction should always contain the limitation that such false swearing was “willfully, knowingly, and corruptly” done. The instruction under review does not contain this necessary qualification.

Reversed and remanded.

Reference

Full Case Name
Sardis & Delta Railroad Company v. William J. McCoy
Cited By
9 cases
Status
Published
Syllabus
Witnesses. Rejection of false testimony. Instruction. Right of jv/rors. An instruction is erroneous which advises the jury that they may reject the entire testimony of a witness who has sworn falsely in any particular, without embodying the limitation that such false swearing must have been done wilfully, knowingly, and corruptly.