Johnson v. State

The second bill of exceptions was reserved to the following paragraph contained in the charge to the jury, viz.: “ Where the evidence is conflicting, the rule is not, as in civil cases, that the preponderance of the testimony shall govern, but in such cases it is the duty of the jury to reconcile the conflicting testimony, if in their power to do so. In the event they cannot reconcile such conflicting evidence, then it is your peculiar province to believe and to give faith and credit to such of the witnesses as you may think entitled to credit, and to disbelieve such as you may see proper to…