Ireland v. Mitchell

PERRY, J.,

specially concurring.

I concur in the result as I do not believe the failure to give the requested instruction under the facts of this case constituted reversible error.

However, I do not agree with the view expressed by the majority that the trial court has any discretion *297in determining whether or not the instruction should be given when requested by a party. This, for the reason that the jury is to determine the facts. The manner of testifying as well as the testimony given may lead jurors to believe a witness is being willfully false. While the trial court is quite cognizant of the law set forth by the instruction, I do not believe a lay jury has that information and, therefore, they have no guide as to the manner in which they may treat the testimony of one whom they believe to be testifying falsely.

King, J., has authorized me to say that he concurs in my views as expressed herein.