The People v. Kelly

By a jury verdict in the criminal court of Cook county William J. Kelly was found guilty of larceny of an automobile and sentenced to the penitentiary. This writ of error has been sued out to reverse the judgment because the trial judge, in his charge to the jury, commented on the evidence and orally instructed the jury as to the law in the case, contrary to sections 72 and 73, respectively, of the Practice act. (Cahill’s Stat. 1929, chap, 110.)

This court has repeatedly held that it is beyond the province of a trial judge to express his opinion on the weight of the evidence or comment on the…