Winston v. State

(After stating the foregoing facts.) Counsel for the defendant contend, in ground 1 of their amended motion for a new trial, that the trial court erred in making an interpolation regarding the testimony of the State’s witness, that “He testified it was one and a half gallons,” on the ground that this amounted to an expression of what the evidence in the case showed.

A correct statement by the court as to the testimony of a witness is not error in the absence of special circumstances tending to show such an unwarranted emphasis upon certain testimony as might confuse or prejudice the jurors.…