State v. Guffey

ARNOLD, Judge.

G.S. 15A-1222 provides: “The judge may not express during any stage of the trial, any opinion in the presence of the jury on any question of fact to be decided by the jury.” Although this section did not become effective until 1 July 1978, subsequent to this defendant’s trial, it is to be applied without regard to when guilt was established or judgment entered. Session Laws 1977, c. 711, s. 39. (Also, see G.S. 15A-1232 which brings forth the substance of repealed G.S. 1-180.) Defendant contends that this provision was violated, to his prejudice. We agree.

Prior to trial the…