Roach v. Carroll

Felton, Chief Judge.

The special ground of the motion for a new trial assigns error on the court’s failure to give the following charge: “When a witness shall be successfully contradicted as to a material matter, his credit as to other matters shall be for the jury, but if a witness shall swear wilfully and knowingly falsely, his testimony shall be destroyed entirely unless corroborated by circumstances or other unimpeached evidence. . .” Code § 38-1806.

“Under this rule as to wilful and knowing falsity in a material matter, it has several times been held, that if a witness swears at the trial…