Banks v. Kilday

At the conclusion of the testimony of Mrs. Banks, wife of the defendant, a motion was made to rule out a part of it on the grounds that it was immaterial, hearsay, and a conclusion of the witness. In the course of a discussion following this motion the court stated: “It seems to me that all that the witness has testified to is immaterial. It seems to me like you have not gotten around to the issue.” The jury was then retired and a motion for a mistrial made by the defendant on the ground that such statement was an expression of opinion by the court. The motion for mistrial was denied, and the…