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 other 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 have equal facilities for seeing or hearing a thing and one swears that it occurred while the other swears that it did not.
History. Code 1981, § 24-14-7 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
History of Code section.
Former Code Section 24-4-7, which contained comparable provisions to this Code section, as effective January 1, 2013, was derived from the decisions in Cobb v. State, 27 Ga. 648 (1859) and Atlanta & W.P.R.R. v. Johnson, 66 Ga. 260 (1881).
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