In determining where the preponderance or superior

weight of evidence on the issues involved lies, the court

may consider the following:
1. All the facts and circumstances of the case

2. The witnesses’ manner of testifying,

3. their intelligence,
4. their means and opportunity of knowing the facts
to which they are testifying,

5. the nature of the facts to which they testify,

 facts testified is capable 2 or more explanations,
1 consistent with the guilt of the accused, the
other his innocence = evidence fail to pass the
test of moral certainty; insufficient for conviction
 Dates and time of the day = courts have no faith
in any one’s recollection of dates and times, if he
has nothing by which he can ascertain them but
the mere act of his memory
 Oral statement/narration of conversation =
There is inherent difficulty, even under the most
 favorable condition, in remembering with
precision the words of a conversation

6. the probability or improbability of their testimony,

Probability = consonance to reason
Improbability = inherently improbable, inconsistent
with human experience, or against the natural
course of things = it will not be credited
E.g. Man who has good moral character vs A man
who is guilty of perjury
Evidence to be believe must not only proceed from
the mouth of a credible witness, but must be
credible in itself

7. their interest or want of interest, and

Bias

8. their personal credibility so far as the same may

legitimately appear upon the trial.