Wood v. State

The writ of error complains of the overruling of a motion for new trial in which the only ground that could be strongly insisted upon here is that the judge erred in charging the jury in the language of section 1011 of the Penal Code (1910), with the single explanation that “positive testimony outweighs negative testimony, the witnesses being equally credible.” While it is true, as was held in the case of Peak v. State, 5 Ga. App. 56 (62 S. E. 665), that it is error to instruct the jury upon the subject of positive and negative testimony except in a very clear case, and that then they should…