McKenzie v. State

There were demurrers filed to both counts of the indictment, assigning 29 grounds, but this court has already many times held that indictments similar to the one in this case are not subject to demurrer. Barnes v. State, 18 Ala. App. 344, 92 South. 15; Taylor v. State, 17 Ala. App. 579, 88 South. 205; Reese v. State, 18 Ala. App. 357. 92 South. 77; Holloway v. State, 18 Ala. App. 392, 92 South. 78; Layman v. State, 18 Ala. App. 441, 93 South. 66.

Charge 3 was properly refused. It is not that a witness swears falsely that authorizes the jury to reject his testimony; it must be willfully or…