Harris v. State

There is no presumption that a witness while testifying is telling the truth. The credibility of witnesses while testifying in a case is for the jury. Therefore refused charge 1 was properly refused as being invasive of the province of the jury. 28 R. C. L. 660; Stix & Co. v. Keith, 85 Ala. 465, 5 So. 184. The case of Rowland v. Plummer, 50 Ala. 182, 195, has been expressly overruled on this point and the case of Crisp v. State, 21 Ala. App. 449, 109 So. 282 (ninth headnote), was not decided on that point.

Refused charge 4 was not supported by any evidence in the case, and was therefore…