Hunter v. State

1. While “the existence of a fact testified to by one positive witness is rather to be believed 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 transpired,” nevertheless the weight of the testimony as a whole is for the jury; and ordinarily they are not absolutely bound to accept positive in preference to negative testimony. Innis v. State, 42 Ga. 474.

2. When two persons llave equal facilities for seeing or hearing a thing, and one swears that it occurred and the other that it did not, the…