Legal Opinion

Wilson v. State

Court of Appeals of Georgia

Decided February 15, 1911No. 2732PublishedCited by 9 opinions

Indictment for burglary; from Whitfield superior court — Judge Fite. June 7, 1910.

1Opinion of the CourtRussell, J.

1. Where the charge of the court is argumentative and so strongly states the contentions of one of the parties as to weaken and disparage those of the opposite party, and thus is liable to impress the jury that the court is of the opinion that the defendant is guilty, a new trial should be granted.

2. A contention not supported by evidence should not be presented by the court in charging the jury. Nor can a judge properly state to the jury (unless the fact be admitted by both parties) that a witness who has testified in the ease is shown by the evidence to be guilty of a crime. It was error to…

2Cases cited1 opinion

  1. Mills v. StateSupreme Court of Georgia · 1909

3Cited by9 opinions

  1. Wilson v. HarrellCourt of Appeals of Georgia · 1953
  2. Williams v. StateSupreme Court of Georgia · 1953
  3. Ponder v. StateCourt of Appeals of Georgia · 1916
  4. Griffin v. StateCourt of Appeals of Georgia · 1925
  5. Jones v. StateCourt of Appeals of Georgia · 1914

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