Graham v. Malone

Felton, Chief Judge.

The general grounds of the plaintiff in error’s motion for a new trial are without merit and were properly overruled.

Special ground No. 1 is meritorious and the court erred in overruling it. Code § 81-1104 provides: “It is error for any judge of a superior court, in any case, whether civil or criminal or in equity, during its progress, or in his charge to the jury, to express or intimate his opinion as to what has or has not been proved, or as to the guilt of the accused; and should any judge of said court violate the provisions of this section, such violation shall be…