State v. Allen

MOORE, Justice.

Defendant’s assignments of error all relate to matters wherein defendant claims the presiding judge unfairly commented on the evidence or otherwise made prejudicial remarks, contrary to the provisions of G.S. 1-180.

In considering these assignments, we apply the following general principles. This statute imposes on the trial judge the duty of absolute impartiality. Nowell v. Neal, 249 N.C. 516, 107 S.E. 2d 107 (1959). It forbids the judge to intimate his opinion in any form whatever, “it being the intent of the law to insure to each and every litigant a fair and impartial trial…