State v. Hewitt

CAMPBELL, Judge.

G.S. 1-180 provides: “No judge, in giving a charge to the petit jury in a criminal action, shall give an opinion whether a fact is fully or sufficiently proven, that being the true office and province of the jury, . . .” Although the statute refers to the charge, it has always been construed to include the expression of any opinion, or even an intimation by the judge, at any time during the trial which prejudices either party. State v. Oakley, 210 N.C. 206, 186 S.E. 244 (1936).

In State v. Owenby, 226 N.C. 521, 39 S.E. 2d 378 (1946), the court said:

“. . . It can make no…