concurring in part and dissenting in part. I concur in the ruling in division 6 of the opinion and in the judgment of reversal. I dissent from the ruling in division 11, on the general grounds of the motion for new trial.
*365Any evidence in the record tending to show mistreatment of the deceased by the defendant, or threats made against the deceased by the defendant, is wholly insufficient to overcome the positive testimony of the State’s witness, Joyce Reece, to the effect that the shooting occurred as the result of the witness’s mother grabbing the arm of the defendant and thus accidentally causing the discharge of the gun. Where the evidence is in conflict, the jury has the right to determine which witness or witnesses may be telling the truth; but the jury does not have the right, in arriving at a verdict against one charged with murder, to wholly disregard testimony of the only eyewitness to the homicide who testified upon the trial of the defendant.