Gibson
People v. Gibson
Opinion
lead Opinion
The defendant’s first point is, that the Court erred in instructing the jury “ that the jury are the exclusive judges of the credibility of a witness.” It is claimed that the instructions given by the Court show that an accomplice was a witness in the case ; and it is contended that the rule stated in the instruction above cited had no application to the testimony of an accomplice. The Courts have in almost numberless instances commented upon the testimony of accomplices, cautioning juries in respect to the general unreliable character of such testimony ; and statutes have been passed, containing provisions similar to *602 those of sec. 1111 of the Penal Code, to the effect that a con- v iction cannot be had upon the testimony of an accomplice, unless corroborated by evidence which tends to connect the defendant with the commission of the offense; but the industry of counsel has not enabled him to find an authority in support of his proposition. It will no't be doubted that the jury might acquit, although the testimony of the accomplice was full as to the commission of the offense by the defendant, and testimony from other sources clearly tended to connect the defendant with the…