State v. Varnado

The accused .was sentenced to one year in the penitentiary on conviction of manslaughter, and has appealed.

In overruling a motion for a new trial the learned trial judge said:

“The question which presents itself to the court is whether or not it is the duty of the court to pass upon the credibility of witnesses on this motion for a new trial; the question of facts being one entirely left to the jury under the law. The court will say, however, that its opinion of all the testimony does not leave that reasonable certainty on the mind of the court as to the guilt of the accused which the law…