State v. Barino

Citations

• 30 Del. 379
• 7 Boyce 379
• 107 A. 833
• 1919 Del. LEXIS 39

Syllabus

<p>1. Criminal Law—Weight of Testimony is for Jury.</p> <p>The jury are the judges of the weight and value of the testimony.</p> <p>2. Criminal Law—Whether Circumstances Make Negative Testimony Strong Affirmative Testimony for the Jury.</p> <p>Ordinarily positive testimony is of more value than negative testimony, but circumstances may be shown which make such negative testimony strong affirmative evidence; and it is for jury to say whether in the particular case such circumstances have been shown.</p> <p>3. Criminal Law—Testimony That Witness Saw the Act Committed Stronger Than That of Another Present Who Did not See It.</p> <p>The testimony of a witness who swears that he saw the act committed is to be given more weight than the testimony of another witness who swears that he was present and did not see the commission of the act.</p> <p>4. Criminal Law—Where Evidence is Conflicting Jury Should Accept that Most Credible.</p> <p>Jury should-reconcile conflict in testimony, if possible, but, if impossible, should accept the testimony most worthy of credit, considering the intelligence or ignorance of witnesses, their interest or bias, if any, their manner in testifying, their opportunity of observing and knowing things testified to, and other circumstances indicating reliability or unreliability of their testimony.</p>