Sweat v. State

Banke, Chief Judge.

On appeal from his conviction of driving under the influence of alcohol, the appellant contends that the trial judge erred by commenting during his charge to the jury that a blood-alcohol test had “shown the defendant to be .19 grams of alcohol.” Held:

“It is error for any judge in any criminal case, 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. Should any judge violate this Code section, the violation shall be held by the Supreme Court or Court of Appeals to be…