Greenleaf v. Birth - 34 U.S. 292 (1835)
U.S. Supreme Court
Greenleaf v. Birth, 34 U.S. 9 Pet. 292 292 (1835)
Greenleaf v. Birth
34 U.S. (9 Pet.) 292
Where there is no evidence tending to prove a particular fact, the court is bound so to instruct the jury when requested, but it cannot legally give any instruction which shall take from the jury the right of weighing what effect the evidence shall have.
An instruction to the jury founded on part of the evidence only is error.
The case is fully stated in the opinion of the Court, delivered by