Stephens v. State

The defendant was tried upon an accusation charging him with the abandonment of his twenty-month-old son, in that he was not furnishing sufficient food and clothing for the needs of the child. The trial resulted in his conviction and sentence. He moved for a new trial upon the general and three special grounds; the motion was overruled and he excepted.

1. Special ground 3 complains that the following excerpt from the court’s charge intimated or expressed the opinion of the court that the child in question was in fact the child of the defendant, which was a question before the jury: “if you…