State v. Murray.

This is an indictment for murder and an appeal from a conviction and sentence for manslaughter. It was material for the State to show that tbe prisoner fired tbe fatal shot, and several witnesses were introduced who swore positively that when the fourth shot was fired the weapon was in the hands of the prisoner, while other witnesses testified that they did not see the pistol and did not know in whose hands it was when the last or fourth shot was fired. Upon this point ILis Honor instructed the jury as follows: “The law says that it is yoür duty to give to positive testimony greater weight…