Waters v. State

Special ground 3 of the amended motion for a new trial contends that the trial court erred in charging the jury as follows: “The State further contends that they followed up this assault with intent to murder, this attack, by undertaking to smother the prosecution, by the payment of the hospital bill.” This excerpt is contended to be error for the reason that it is unsupported by evidence and for the further reason that it amounted to an intimation by the court of his opinion as to what had been proved. Special ground 4 of the amended motion contends that the trial court erred in charging the…