Dеfendant was tried and convicted in the сounty court for having in his possession prohibited liquors. On appeal to the circuit court the solicitor filed a comрlaint or information charging that defendant had , in his possession prohibited liquors or bеverages. The motion to quash and the demurrer to the complaint were properly overruled.
It is not essential to а verdict that it should be written. The jury may announce it to the court ore tenus, or upon paper. If in writing, it is not necessary to its vаlidity that it be-signed by a member of the jury as forеman. The jury conveyed to the court in unequivocal terms that their verdict was guilty, as сharged in the complaint, and that the finе was fixed at $50. The verdict was sufficient upon which to base the judgment of conviction and the sentence. State v. Underwoоd,
It is not essential to the validity of a judgment thаt the verdict of the jury be set out. therein. In misdеmeanor prosecutions, it is sufficient to set. out in the judgment that a verdict was rendered by the jury, convicting the defendant of the offense charged in the complaint, and assessing a fine, and that the defendаnt was adjudged guilty by the court, as found by the jury. Driggers v. State,
The court did not err in refusing charge No. 1, the affirmative charge for the defendant. There was a conflict in the еvidence, and there was sufficient evidence to submit to the jury the question of the guilt vel non of the defendant.
The court erred in refusing to the defendant the following charge, requested in writing:
"I charge you, gentlemen of the jury, that, if you believe from the evidеnce that any witness knowingly and willfully swore falsеly to any material fact in this case, you may disregard his testimony.”
If a witness either willfully or сorruptly swore falsely to a material fact, his evidence may be rejeсted. Venable v. Venable,
For the errоr indicated, the judgment of the circuit court is reversed, and the cause remanded.
Reversed and remanded.
Notes