Coleman v. Adair

Citations

• 75 Miss. 660

Syllabus

<p>1. Jury TRIAL. Iixstruction. Weight of evidence.</p> <p>It is the province of the jury to decide upon the weight of evidence, and an instruction thereon is erroneous.</p> <p>2. Same. Asswnption of fact.</p> <p>An instruction which assumes a disputed matter of fact to be true, without reference to the belief of the jury, is erroneous.</p> <p>3. Same. Witnesses. Experts.</p> <p>The evidence of expert witnesses is, as a matter of law, neither intrinsically weak or strong; of its weight and worth the jury must judge, free from the influence of instructions thereon.</p> <p>4. Same. GenvAmeness of signature. Comparisons.</p> <p>A jury should not disregard all other evidence, and pronounce a disputed signature genuine, from a comparison of the same with other signatures proven or admitted to be genuine, because the one in dispute is thought by them, from such comparison, to be similar to the proved or admitted ones. An instruction authorizing them so to do is erroneous,</p>