State v. Warren

I am unwilling to give my sanction to a reversal of this case upon the ground stated in the opinion of the court. The constitution of this state declares that “judges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law.” (Article VI, sec. 12.) The remarks of the district judge, while verging closely upon the prohibited line of the constitution, do not, in my opinion, cross it. It is claimed that the language of the judge, construed as it must be with reference to the time and manner of its use, was equivalent to a statement that there was no…