Faulkner v. Brown

1. Under the general grounds of the motion for new trial the defendant contends that there was not sufficient evidence to support the verdict. Where there is a conflict in the evidence, the jury (in this case the judge) has the prerogative to determine the credibility of the witnesses who appear and testify; and where the verdict is. supported by some evidence, the appellate courts will not reverse the judgment of the trial judge in overruling a ground of a motion for a new trial based upon the assignment that the verdict is without evidence to support it.

In the case at bar a witness…