Moore v. State

Where, under the evidence, the rule embodied in the first sentence of Code, § 38-111, to wit: “The existence of a fact testified to by one positive witness is.to be believed, rather than that such fact did not exist because many witnesses who had the same opportunity of observation swear that they did not see or know of its having existed,” can properly be given in charge, the judge should also and in connection therewith give instructions that the jury in weighing the testimony of such witnesses must consider and pass upon their credibility. With reference to the question of positive and…