State v. Richards

The defendant took exceptions to certain portions of the charge to the jury on the ground that the language employed was in contravention of the statute which prohibits the presiding judge from expressing "an opinion upon issues of fact arising in the case.” (R. S., c. 82, § 83.)

*253It was not in controversy that the crime charged in the indictment had been committed by some one and the question submitted to the juiy was whether the accused was the criminal agent.

The assault appears to have been committed about two o’clock in the morning, and the proof of the defendant’s identity with the…