Glenn v. State

Citations

• 64 Miss. 724

Syllabus

<p>Ceiminal Law. Instruction. '•‘Proof.”</p> <p>G. was being tried for murder. A witness for tbe State testified that he had heard G. say that he intended to kill the deceased. G., who was the only witness in his own behalf, denied having made any such statement. The court instructed the jury that in determining the credibility of any witness they might take into consideration ‘‘proof of his having made statements which he denies under oath.” Held; that such instruction is erroneous, not only because it contains a suggestion of the probable falsity of G.’s testimony, but also because it assumes that the discrediting fact that statements had been made and denied under oath had been proven.</p>