Wofford v. State
Mississippi Supreme Court
Appeal from the circuit court Chickasaw county. Hon. John H. Mitchell, Judge. Charles. F. Wofford was convicted of manslaughter and 'appeals.
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Appeal from the circuit court Chickasaw county. Hon. John H. Mitchell, Judge. Charles. F. Wofford was convicted of manslaughter and 'appeals. The facts are as follows: On appeal accused assigns as error the granting of instruction No. 4 asked by the state, which is as follows : “No. 4. The court charges the jury that they have a right, in passing on the weight of the evidence of any witness, to take into consideration the interest the witness may have in the case, one way or the other, if any is shown; and in this case, if they believe that any witness has testified .falsely to any material…
1Opinion of the CourtSmith, J.
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.
2Cases cited7 opinions
- White v. StateMississippi Supreme Court · 1876
- Bell v. StateMississippi Supreme Court · 1907
- Sardis & Delta Railroad v. McCoyMississippi Supreme Court · 1904
- Vicksburg & Meridian Railroad v. HedrickMississippi Supreme Court · 1884
- Turner v. StateMississippi Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- D'Antoni v. AlbrittonMississippi Supreme Court · 1930
- State v. BoylesIdaho Supreme Court · 1921
- McClure v. StateMississippi Supreme Court · 1930