84 Mass. 301
Massachusetts Supreme Judicial Court
Decided September 15, 1861
Massachusetts Supreme Judicial Court · decided 1861-09-15
<p>Although it is proved that a witness in a criminal case is actuated by malice against the defendant, the court should not instruct the jury to disregard his testimony altogether; but, after giving proper cautions, leave it for them to say how much credit shall be given to it.</p>
Decided 1861-09-15
¶1The instructions were clearly right, and substantially in conformity with those suggested by this court, as being appropriate to testimony coming from a person standing in the position in which it appeared that the witness in behalf of the government was placed at the trial of this cause. Commonwealth v. Downing, 4 Gray, 29.
¶2 Exceptions overruled.