Brooks v. State

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Kay county on a charge of transporting whisky and sentenced to confinement in the county jail for a period of 30 days and to pay a fine of $50.

Among the errors assigned is that during the course of the trial, and in the presence of the jury, the court in a comment on the evidence stated that the defendant was guilty of the crime charged. An examination of the record convinces us that this assignment is well taken. The following appears:

“By the County Attorney: Q. I am asking, was it Francis Brooks’…