Opinion
7 Div. 588.
February 18, 1930.
Appeal from De Kalb County Court; E. M. Baker, Judge.
Webb Brown was convicted of violating the prohibition law, and he appeals. Affirmed.
Charges 6 and 7, refused to defendant, are as follows:
"6. I charge you, gentlemen of the jury, that if you believe from the testimony in this case that Mrs. Lula Clifton has sworn falsely as to any material fact in this case, you have a right to disregard her testimony altogether.
"7. I charge you, gentlemen of the jury, that if (you) believe from the testimony that Mrs. Lula Clifton swore falsely as to any material fact in this case, then you have a right to disregard her testimony altogether and return a verdict of acquittal."
J. A. Johnson and J. V. Curtis, both of Ft. Payne, for appellant.
Refusal of charges 6 and 7 requested by defendant constituted reversible error.
Charlie C. McCall, Atty. Gen., for the State.
Brief did not reach the Reporter.
Appellant was convicted of the offense of violating the prohibition laws by having whisky in his possession. The state's evidence consisted of the testimony of a single witness, one Mrs. Lula Clifton, which testimony made out every essential element necessary to support a conviction. There is really nothing presented by the record worthy of comment. The issue of the guilt vel non of appellant was properly submitted to the jury.
The only written charges requested by, and refused to, appellant, not patently without merit, and properly refused, were charges No. 6 and No. 7. Each of these written charges was refused without error, because of the omission of the word "willfully" before the words "sworn falsely" and "swore falsely," respectively. Ward v. State, 19 Ala. App. 398, 98 So. 208; Prater v. State, 107 Ala. 26, 18 So. 238.
We find nowhere any prejudicial error, and the judgment of conviction is affirmed.
Affirmed.