Chittenden v. Evans

Citations

• 41 Ill. 251

Syllabus

<p>1. Evidence—jury judges of weight of. Where the evidence is conflicting it is the province of the jury to weigh and judge of its weight, and it is error for the court to instruct as to its weight or that one witness is entitled to more credit than another although corroborated.</p> <p>2. Witness—his credibility. The mere fact that a witness has sworn falsely on a material point, will not authorize a jury to reject his entire testimony. It is not only necessary that a witness should swear falsely, but his testimony must be knowingly or corruptly false, before a jury are at liberty to disregard it as a matter of law.</p> <p>3. Or, a witness may even corruptly swear falsely as to a material fact, yet, if other portions of his evidence are properly corroborated by circumstances indicating the truth of such portions, it would not necessarily follow that all of his testimony should be disregarded.</p> <p>4. Instructions—a particular hind disapproved. The practice of selecting a particular fact in evidence, and basing an instruction upon it, unless it is a fact, without the proof of which the party must fail, is calculated to give such evidence undue prominence, and is disapproved.</p>