Grigsby v. State

• Decision Date: 13 May 1924
• Docket Number: 8 Div. 133.
• Citation: 19 Ala.App. 661,100 So. 82
• Parties: GRIGSBY v. STATE.
• Court: Alabama Court of Appeals

100 So. 82

19 Ala.App. 661

GRIGSBY v. STATE.

8 Div. 133.

Court of Appeals of Alabama

May 13, 1924

Appeal from Circuit Court, Lauderdale County; Chas. P. Almon, Judge.

Lee Grigsby was convicted of violating the prohibition law, and appeals. Affirmed.

Mitchell & Hughston, of Florence, for appellant.

Harwell G. Davis, Atty. Gen., for the State.

SAMFORD, J.

The evidence in this case was sufficient to justify the jury in finding a verdict of guilt.

Charge 5 was properly refused. Before the jury is justified in rejecting the entire testimony of a witness on the ground of "falsus in uno, falsus in omnibus," it must appear from the evidence that the witness has willfully sworn falsely to a material fact in the case.

There is no error in the record, and the judgment is affirmed.

Affirmed.