instruction correct so far as it went but defective for failure to explain a proposition in consonance with facts of case could be cured by a subsequent charge
How later courts described this case
- instruction correct so far as it went but defective for failure to explain a proposition in consonance with facts of case could be cured by a subsequent charge
Written by the judges who cited it.
The opinion
Brown, J.
(concurring).—I think the charge complained of, standing alone, was entirely proper. The court did not instruct the jury that they
must
consider the testimony of the defendant in the light of the fact that he was the defendant and interested in the result of the trial, but in effect, that it was within their province to do so, that is, that they might properly consider his testimony in the light of that fact.