CRIMINAL LAW AND PROCEDURE-WHETHER REVERSIBLE ERROR FOR JUDGE TO GIVE INSTRUCTIONS RELATING TO CREDIBILITY OF DEFENDANT WITNESS

Appellant who was convicted of committing a criminal abortion, moved for a new trial alleging as error an instruction given by the judge to the jury. The instruction singled out the defendant from the other witnesses, pointing to his high degree of interest in a verdict of not guilty, as reason for scrutinizing his testimony. The judge also warned the jury that it need not accept blindly the testimony of the accused. Held, reversed, new trial ordered.

Swanson v. State, (Ind. 1944) 52 N.E. (2d) 616.