In determining where the preponderance of evidence lies, the jury may consider all the facts and circumstances of the case, the witnesses’ manner of testifying, their intelligence, their means and opportunity for knowing the facts to which they testified, the nature of the facts to which they testified, the probability or improbability of their testimony, their interest or want of interest, and their personal credibility so far as the same may legitimately appear from the trial. The jury may also consider the number of the witnesses, though the preponderance is not necessarily with the greater number.
History. Code 1981, § 24-14-4 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
History of Code section.
Former Code Section 24-4-4 which contained comparable provisions to this Code section, as effective January 1, 2013, was derived from the decisions in Clark v. Cassidy, 62 Ga. 407 (1879); Head v. Bridges, 67 Ga. 227 (1881); Cleghorn v. Jones, 68 Ga. 87 (1881); and Kinnebrew v. State, 80 Ga. 232 , 5 S.E. 26 (1887).
Law reviews.
For survey article on evidence law, see 60 Mercer L. Rev. 135 (2008).
Structure Georgia Code
Article 1 - General Provisions
§ 24-14-1. On Whom Burden of Proof Lies
§ 24-14-2. Change of Burden in Discretion of Court
§ 24-14-3. Amount of Mental Conviction Required; Preponderance of Evidence in Civil Cases
§ 24-14-4. Determining Where Preponderance of Evidence Lies
§ 24-14-5. Reasonable Doubt in Criminal Cases
§ 24-14-6. When Conviction May Be Had on Circumstantial Evidence
§ 24-14-7. Positive Testimony Preferred Over Negative; Exception
§ 24-14-8. Number of Witnesses Required Generally; Exceptions; Effect of Corroboration