Opinion
3 Div. 644.
January 14, 1930. Rehearing Denied February 4, 1930.
Appeal from Circuit Court, Conecuh County; F. W. Hare, Judge.
Herbert, alias Hub, Williams was convicted of murder in the second degree, and he appeals.
Affirmed.
Certiorari denied by Supreme Court in Williams v. State, 127 So. 800.
The following charges were refused to appellant:
"8. The court charges the jury that if they believe from the evidence in this case that the witness Sam Jones swore falsely as to any material fact in this case then the jury would be authorized to disregard all of the evidence of said witness.
"9. The court charges the jury that if they believe that the witness Monroe Cox swore, falsely as to any material fact in this case the jury would be authorized to disregard all the testimony of the witness Monroe Cox.
"10. The court charges the jury that they do not try the defendant on the speeches made by the solicitor and the other attorneys in the case but must try him only on the evidence produced in the case."
Hybart Dickey, of Evergreen, for appellant.
Brief of counsel did not reach the Reporter.
Charlie C. McCall, Atty. Gen., and Merwin T. Koonce, Asst. Atty. Gen., for the State.
It is not reversible error to refuse charges fairly and substantially covered by the oral charge. Code 1923, § 9509. Charge 10 is misleading. Mann v. State, 20 Ala. App. 540, 103 So. 604; Harris v. State, 21 Ala. App. 67, 105 So. 389; Fuller v. State, 21 Ala. App. 300, 107 So. 731; Garrett v. State, 215 Ala. 224, 110 So. 23.
Refused charges 5, 6, and 12 are fairly and substantially covered by the court's oral charge.
Refused charges 8 and 9 do not correctly state the law, in that they omit a willfulness in the false swearing of the witnesses named.
Refused charge 10 is argumentative and misleading.
Rulings on admissions of testimony were free from prejudicial error.
We find no prejudicial error in the record, and the judgment is affirmed.
Affirmed.