Davis v. State

42 So. 541, 89 Miss. 119

Opinion

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 tells 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.