Davis v. State

Carley, Judge.

Appellant was indicted for murder and burglary and was convicted of voluntary manslaughter. He appeals the judgment of conviction.

Appellant’s sole enumeration of error concerns the following charge which was given by the trial court: “The jury may also consider the number of witnesses, though the preponderance is not necessarily with the greater number.” The charge was given in the context of instructions relating to the credibility of witnesses, rather than those concerning the burden of proof. In that context, it is not necessarily harmful error to give such a charge in a…