Summers v. State

Upon the trial of this cause, among other things, the court instructed the jury as follows:

“If you find any witness has sworn falsely in the case as to any material fact, and he so swore knowingly and willingly, you may wholly disregard the testimony of such witness, except so far as it may have been corroborated by other witnesses.”

This instruction has been held to be open to criticism. See Henry v. State, 6 Okla. Cr. 430, 119 Pac. 278. In the case at bar, appellant is not in a position to complain of the giving of this instruction, because no exception was saved to it at the time of the…