Corbin v. State

1. The Code, § 38-111, provides: “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. This rule shall not apply when, two parties having equal facilities for seeing or hearing a thing, one swears that it occurred, the other that it did not.” The defendant contends that to charge this section of the Code without qualification was erroneous, improper, and prejudicial, and deprived him of the benefit of…