Deary v. State

DAVIDSON, Presiding Judge.

This conviction was for fornication. 1. The second bill of exceptions recites that while Ann White, who had qualified as an expert midwife, was testifying in behalf of the appellant, the court left the bench, walked around by said witness, and remarked to her: “Do you mean to tell this jury that when this baby was born you could tell whether it was this defendant’s child or not?” to which the witness answered, “Yes.” The court then remarked, “That is all I want to know,” and went back to the bench. This bill is approved by the trial judge without qualification. /This…