Bouie v. State
Alabama Court of Appeals
Murder. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Peter Bouie was convicted of manslaughter in the first degree, and he appeals. The following charges were refused defendant: (1) The court charges the jury that, if they believe that Mallie Willis swore falsely to' material facts on a former trial of this case, they may disregard his evidence in the present trial. (2, 3) Same as 1 as to other witnesses named.
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Murder. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Peter Bouie was convicted of manslaughter in the first degree, and he appeals. The following charges were refused defendant: (1) The court charges the jury that, if they believe that Mallie Willis swore falsely to' material facts on a former trial of this case, they may disregard his evidence in the present trial. (2, 3) Same as 1 as to other witnesses named. Written charges 1, 2 and 3 should have been given under the peculiar circumstances of this case. — Burton v. State, 115 Ala. 1; B. R. Go. v. Frazer, 93 Ala. 45;…
1Opinion of the CourtThomas, J.
Written charges numbered 1, 2, and 3, requested by defendant, and the refusal of which by the court is suggested as error, were clearly faulty. Before the jury are authorized to disregard the entire testimony of a Witness on the basis of a false swearing by him as to a material fact, they must believe that he willfully swore falsely as to such fact; whereas, these charges predicate such right upon a mere false swearing. “Falsus in uno, falsus in omnibus,” is the maxim; but the falsity must be willful — an intentional lapse from what the witness .knows to be the truth. When such corruptness of…
2Cases cited3 opinions
- Burton v. StateSupreme Court of Alabama · 1896
- Gillespie v. HesterSupreme Court of Alabama · 1909
- Seaboard Air Line Railway Co. v. TaylorAlabama Court of Appeals · 1913
3Cited by3 opinions
- Bahakel v. Great Southern Trucking Co.Supreme Court of Alabama · 1947
- Barnett v. StateAlabama Court of Appeals · 1917
- Pate v. StateAlabama Court of Appeals · 1924