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MOSES v. MILLER

No. 34974.

268 P.2d 900 (1954)

MOSES v. MILLER.

Supreme Court of Oklahoma.

Rehearing Denied April 13, 1954.

Attorney(s) appearing for the Case

J.C. Farmer, Robert J. Woolsey, Otho Flippo, J.B. Bailey, Tulsa, for plaintiff in error.

G.C. Spillers, G.C. Spillers, Jr., Tulsa, for defendant in error.

O'NEAL, Justice.

In this proceeding we are limited to the consideration of the following question: Did the district court err in commenting upon the credibility of the defendant's witness, Dr. C.S. Summers, in the presence and hearing of the jury?

The question as posed presents an oversimplification of the basic issue to be here resolved. Under our jury system the weight of the evidence and the credibility of a witness...

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