Butler v. State

Citations

• 3 Tex. Ct. App. 48

Syllabus

<p>1. Impeaching Evidence.—Bad character for truth, to be a disqualifying fact, must be notorious in the neighborhood of the witness’ residence, and, therefore, be provable by more than one discrediting witness; and, although the law does not require a number of discrediting witnesses, yet the production of but one is not usual in practice, nor likely to be satisfactory.</p> <p>2. Charge oe the Court.—Ho rule of law authorizes a court to instruct a jury to discard testimony which they consider improbable or untrue. Intimations by the court of any opinion upon the weight or the credibility of evidence infringe upon the province of the jury.</p> <p>8. Evidence. — See the opinion for proof of the ownership of a stolen animal which is held inconclusive, and also objectionable because it implies the existence of better evidence not adduced or accounted for.</p>