State v. Manville

Citations

• 8 Wash. 523
• 36 P. 470
• 1894 Wash. LEXIS 102

Syllabus

<p>WITNESS— CORROBORATION — MISCONDUCT OF COUNSEL — INSTRUCTIONS— QUESTIONS OF FACT FOR JURY.</p> <p>Where it is sought to impeach a witness by proof that the testimony given by him on the trial as to a certain matter was at varience with a statement made by him prior to the trial, the evidence of others who heard his statement is admissible in rebuttal of the impeaching testimony.</p> <p>Although incompetent questions are asked by the prosecuting attorney upon the trial of a criminal case for the purpose of prejudicing the jury against the accused, the refusal of the court to rebuke the attorney therefor is not error, when the court, at the time of objection taken thereto, states to the jury that “they are to give no weight to that testimony which is ruled out.”</p> <p>The jury is the tribunal instituted by law to pass upon questions of fact, and, where there is a conflict of testimony, the verdict will not be disturbed by the courts.</p>