is not
unreasonable or unnatural, and is consistent with itself, and where
the witnesses have not, in any manner, been impeached, then you
have no right under the law, to disregard the testimony of such
witnesses from mere whim, caprice, or without just cause. It is the
duty of the jury to consider the whole of the evidence, and to
render a verdict in accordance with the weight of all the evidence
in the case, and not act upon a consideration of the evidence for
the prosecution or the defense alone. All the evidence must be
considered.
"While it is your duty to carefully scrutinize and dispassionately
weigh the evidence of all the witnesses in the case, still it is
your sworn duty to give proper credit to the evidence of each and
all of the witnesses, and, if possible, to reconcile all of the
evidence in the case with the presumption that each witness has
intended to speak the truth, unless by their manner of testifying
on the witness-stand, or by inconsistent statements sworn to, or by
the testimony inconsistent with other credible evidence in the
cause you are impelled to believe that the testimony of some one or
more of the witnesses is untruthful or unreliable, or unless you
are led to believe, from an exhibition of interest, bias or
prejudice, that such witness or witnesses have been inclined to
exaggerate, color or suppress the truth, or unless they have been
impeached in some of the ways known to the law.
"One of the modes of impeaching a witness is by showing that he or
she has made statements out of court at variance with his or her
statements on the witness-stand; and if the jury believe from the
evidence that a witness has made statements at another time and
place at variance with his or her evidence in this case, regarding
any material matter testified to by him or her, then it is the
province of the jury to determine to what extent this fact tends to
impeach either his or her memory or his or her credibility, or
detract from the weight which ought to be given to his or her
testimony. If the jury believe from the evidence that any witness
has willfully sworn falsely as to any matter or thing material to
the issues in this case, then the jury are at liberty to disregard
his or her entire testimony, except in so far as it has bee
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