Commonwealth v. Gross

Dissenting Opinion by

Keller, J.,

I regret having to dissent from the opinion of the court in this ease, for I have no doubt the defendant was justly convicted. But it is essential to the proper administration of justice that the province of the jury be not infringed on by the judge and if it be permitted in a case where the evidence points to the guilt of the defendant it may be done where the defendant is innocent.

It is not to be doubted that the trial judge may properly express his opinion as to the weight or value of evidence produced on the trial; or as to the credibility of a witness;…