Carantan

The defendant was convicted of murder in the second degree and sentenced to imprisonment for life in the penitentiary. The victim was his wife, and according to her dying statement the crime was strikingly atrocious. It is not, indeed, claimed that the evidence is insufficient to support the verdict, but many points are made as to rulings of the court and certain instructions given and refused, some of which are not argued and only a few, in our judgment, can be the subject of candid disputation. Of these, in the order in which they are presented:

1. The defendant requested the following instruction: “A witness may be impeached by the party against whom he was called by contradictory evidence, or by evidence that his general reputation for truth, honesty or integrity is bad.” The court gave it but added thereto this clause: “and the jury are the exclusive judges of his credibility.” Appellant claims that “This modification emasculates the instruction, deprives it of life, and in effect tells the jury that their province of determining the credibility of a witness is not to be invaded by any impeachment of a witness in accordance with law.” We do not so understand the instruction.…