White v. Disher

Citations

• 67 Cal. 402
• 7 P. 826
• 1885 Cal. LEXIS 655

Syllabus

<p>False Wetness must be Distbusted—Instbvctions.—Under section 2061, subdivision 3, of the Code of Civil Procedure, a witness false in one part of his testimony is to be distrusted in others, and an instruction to the jury that such a witness may be distrusted is error.</p> <p>Id. — Pbesumbtion as to Distbust —Function of Juby.—The distrust which is cast upon a witness wilfully false in a material part of his testimony is a presumption of law for the court, with which the jury have nothing to do, except to receive and act upon it. It is a rebuttable presumption, however, and may be overcome by facts and circumstances of which they are the sole judges.</p>