Ex Parte Gwin

Upon preliminary consideration, we granted the petition for a writ of certiorari to review the Court of Criminal Appeals' affirmance of the trial court's refusal of Defendant's requested charge relating to the right of the jury to disregard the testimony of a State's witness if the witness, under the evidence, were found to be a person of bad character. CitingKennedy v. State, 291 Ala. 62, 277 So.2d 878 (1973), and ARAP 45, the appellate court held that, while such refusal was error, in light of other corroborating evidence, the error was rendered harmless.

Because the opinion states the fact…