Benton v. State

1. In a robbery prosecution, where the solicitor-general stated to the court that he had been entrapped by the witness then on the stand, and requested and was granted leave to cross-examine her, the action of the judge in thereafter asking the witness, during such examination, if she realized she was under oath, did not per se amount to an expression or intimation of opinion within the meaning of the Code, § 81-1104; and where it appears that the examination continued, and the testimony of the witness was neither favorable nor unfavorable to the State or the accused, a new trial will not be…