City of Louisville v. Clark

Felton, Chief Judge.

1. Special ground 1 complains of the trial judge’s omission of the phrase, “the nature of the facts to which they testified,” from his unrequested charge in the substantial language of Code § 38-107, i.e., as to the factors the jury may consider in determining where the preponderance of evidence lies.

“While both the Supreme Court and this court have held that the better practice in charging on this Code section is to instruct the jury with respect to all of the elements set forth in the Code section, nevertheless, it is not the intention of this rule as announced by the…