Burke v. State

1. Direct and positive testimony which is given by an unimpeached witness as to the existence of a fact (a witness’ identification of the defendant in a criminal case) within his own knowledge, which is not in itself incredible, impossible, or inherently improbable, and which is not contradicted directly or by proof of facts or circumstances that could be taken as incompatible with such testimony can not be arbitrarily rejected by a jury or other trior of the facts (Thompson v. City of Atlanta, 66 Ga. App. 255, 17 S. E. 2d, 761); and this court can not say, as a matter of law, under the facts…