Mississippi Supreme Court, 1906

Davis v. State

Davis v. State
Mississippi Supreme Court · Decided November 15, 1906 · Calhoon
89 Miss. 119; 42 So. 541

Counsel

J. H. Mize, for appellant., R. V. Fletcher, assistant attorney-general, for appellee., Argued -orally by J. H. Mize, for appellant, and by R. V. ■ Fletcher, assistant attorney-general, for appellee.

Davis v. State

Opinion of the Court

Calhoon, J.,

delivered the opinion of the court.

The second instruction given the state represents the doctrine, “falsus in uno, falsus in omnibus/’ in its most objectionable shape. As given, it is-a charge on the weight of evidence, and *121tells the jury, in effect, that, if they believe any statement of a witness untrue, they must believe all he said, whether 'or not the statement, was wilfully, knowingly or corruptly made, and whether or not they do-, in fact, believe his other statements to be true. White v. State, 52 Miss., on p. 227; Finley v. Hunt, 56 Miss., 221, and Sardis & Delta R. Co. v. McCoy, 85 Miss., 391 (37 South. Rep., 706), cited by appellant’s counsel, and 2 Wigmore on Evidence, sec. 1008, and Boykin v. State, 86 Miss., 481 (38 South. Rep., 725). We do not now decide any other assignment of error. Reversed and remanded.

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