State v. Pearce

BRANCH, Justice.

Defendant contends that the trial judge’s questioning of two witnesses amounted to an expression of opinion as to the credibility of the witnesses.

When the prosecuting witness expressed a reluctance to testify concerning some of the acts done by defendant, Judge Godwin inquired if she would be able to proceed if certain persons were removed from the courtroom. The witness indicated that she did not want to testify in the presence of defendant but was advised by the court that it would be necessary for defendant to be present. The judge then ordered the questioning be continued.