Keef v. State
Alabama Court of Appeals
Murder. Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. John Keef was convicted of manslaughter in the first degree and he appeals. Charge 2 given for the state was error for failing to require that the false testimony should be willfully false. Charg'd 3 was faulty for the same reason. — Prater v. State, 107 Ala. 28; Gillespie v. Hester, 160 Ala. 449.
1Opinion of the CourtWalker, P. J.
The defendant was examined as a witness in his oivn behalf. In reference to his testimony the court, in written charge 3 given at the request of the solicitor, instructed the jury as follows: “If the jury believes that the defendant has testified falsely in a material particular, then the jury may disregard the defendant’s testimony entirely.” Under this instruction, all that was required to entitle the jury entirely to disregard the testimony of the defendant ivas a belief by them that it ivas false in any material particular, though such falsity ivas recognized by them to he a result of a…
2Cases cited2 opinions
- Prater v. StateSupreme Court of Alabama · 1894
- Gillespie v. HesterSupreme Court of Alabama · 1909
3Cited by7 opinions
- Booth v. StateSupreme Court of Alabama · 1946
- Montgomery v. StateAlabama Court of Appeals · 1920
- Carpenter v. StateSupreme Court of Alabama · 1915
- Tindell v. GuySupreme Court of Alabama · 1942
- Pointer v. StateAlabama Court of Appeals · 1954
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