State v. Butcher

GEAHAM, Judge.

Defendant’s first assignment of error encompasses numerous exceptions taken to questions propounded by the court to witnesses during the hearing. In support of this contention, he has cited numerous cases holding that a judge may not express an opinion on the evidence through the propounding of questions to witnesses. However, all of the cases relied upon by defendant involve comments made by the court in the presence of a jury and in violation of the provisions of G.S. 1-180. The provisions of G.S. 1-180 prohibiting a court from giving an opinion on the evidence in the presence…