State v. Sutfin

Citations

• 22 W. Va. 771
• 1883 W. Va. LEXIS 100

Syllabus

<p>1. It is not necessary, that the form of the oath administered to a-jury in a felony case should be entered on the record; it is sufficient, if the record shows that the jury were duly sworn, (p. 773.)</p> <p>2. In a prosecution for felony the record must show, that the prisoner was present, when the plea was entered, and pleaded in person, (p. 773.)</p> <p>3. Where a prisoner was on trial for felony, and the court discharged the jury, on the ground that they were unable to agree, and the prisoner was afterwards tried and convicted, and the record fails to show, that lie objected to the discharge of the jury, or made any motion in the court below for his discharge, in the Appellate Court he will be deemed to have waived all objection to the discharge of the jury. (p. 776.)</p> <p>4. It is error to give an instruction, which is confused in its language and calculated to mislead the jury. (p. 777.)</p> <p>5. It is error to instruct the jury as to the weight or credibility of the evidence, (p. 777.)</p> <p>6. It is not error for the court, after correctly instructing a jury as to how witnesses may be impeached, to say to the jury, that “it is neglect of a juror’s duty to arbitrarily disregard the evidence of a witness.” ip. 778.)</p>