Wofford v. State
Mississippi Supreme Court
Wofford v. State, 99 Miss. 759 (Miss. 1911)
56 So. 162
Smith
Wofford v. State
Opinion of the Court
delivered the opinion of the court.
The fourth instruction, granted by the court at the request of the state, is erroneous. It omits the qualifying-clause that the false swearing must have been intentionally and corruptly done. White v. State, 52 Miss. 216; Railroad Company v. Hedrick, 62 Miss. 28; Railroad Co. v. McCoy, 85 Miss. 391, 37 South. 706; Davis v. State, 89 Miss. 119, 42 South. 541; Bell v. State, 90 Miss. 104, 43 South. 84; Turner v. State, 95 Miss. 879, 50 South. 629; Waldrop v. State, 54 South. 66.
Reversed and remanded.
Reference
- Full Case Name
- Charles F. Wofford v. State
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Criminal Law. Instructions. Weight of evidence. An instruction that, “if the jury believe that any witness has testified falsely in the case to any material matter, they have a right to reject all of the testimony of such witness, if they see proper,” is erroneous in omitting the qualifying clause that the false swearing must have been intentionally and corruptly done.