Opinion
4 Div. 440.
November 27, 1928.
Appeal from Circuit Court, Pike County; W. L. Parks, Judge.
Mary Whaley was convicted of assault with intent to murder, and she appeals. Affirmed.
These charges were refused to defendant:
"1. If you believe from the evidence in this case that the state's witness testified falsely as to material facts in this case on the preliminary trial, then this may generate a reasonable doubt in your minds as to the guilt of the defendant; and if you have such a reasonable doubt, you should find the defendant not guilty.
"2. If you believe from the evidence in this case that the state's witness on the preliminary in this case testified falsely, then this would justify you in disbelieving her testimony on this trial and in that event you should find the defendant not guilty."
A. G. Seay, of Troy, for appellant.
A charge asserting that the absence of satisfying evidence before the jury may afford ground for a reasonable doubt is a proper charge, and its refusal is error. Carwile v. State, 148 Ala. 576, 39 So. 220; Gaston v. State, 161 Ala. 37, 49 So. 876. A charge asserting that, if the testimony of a witness had been impeached, the jury could disregard his entire testimony unless it is corroborated by other testimony not impeached, was improperly refused. Seawright v. State, 160 Ala. 33, 49 So. 326; Wynne v. State, 155 Ala. 99, 46 So. 459.
Charlie C. McCall, Atty. Gen., for the State.
Brief did not reach the Reporter.
Charges 1 and 2 were properly refused. Prater v. State, 107 Ala. 26, 18 So. 238.
Questions raised on the admission of evidence would not authorize a reversal even if error. The testimony adduced did not, and could not, affect the substantial rights of the defendant.
There is no error, and the judgment is affirmed.
Affirmed.