This case has been cited 1 times or more.
|
2004-05-20 |
AUSTRIA-MARTINEZ, J. |
||||
| Fifth, the motive attributed by the trial court to appellant in throwing a pillbox at Russel is based not on the testimony of prosecution witness Russel but on the testimony of appellant. It is a hornbook doctrine that the prosecution must rely on its own evidence to prove the guilt of appellant beyond reasonable doubt[33] and therefore, the trial court should not depend on the evidence of the defense to support the conviction of appellant. However, considering that the presiding judge had given probative weight or credibility to the testimony of appellant by using his testimony to establish motive on his part to commit the crime, the same testimony may be used likewise to prove that witness Russel had an ill-motive to testify against appellant. And when the evidence admits of two interpretations, that which is favorable to appellant should prevail.[34] | |||||