State v. . Rogers

Indictment for cruelty to animals, two mules, the property of Samuel Rogers. We are compelled to grant a new trial because of a remark of the judge to the defendant while testifying as a witness for himself. The cruelty alleged was in not feeding the mules properly or sufficiently. On cross-examination of the defendant he was directed by the court to answer the questions concisely, “and not be dodging,” and defendant excepted to the use of the words, “and not be dodging.” The judge then, and afterwards in his charge, explained to the jury that he did not intend to reflect upon the witness,…