McPherrin v. Jones

The judgment in this case must be reversed for error in the charge of the court. The court instructed the jury as follows: “If you believe that any witness has testified falsely as to any material fact in the case, you have a right to wholly disregard the testimony of such witness, except so far as it is corroborated by other credible evidence in the case, either positive or circumstantial.” This instruction should have been so qualified as to make it applicable only in the event of the jury believing that a witness had willfully or knowingly or intentionally testified falsely. Gold Co. v.…