State v. Garrett

The first assignment of error brought forward and discussed in defendants’ brief relates to an order by the trial judge, entered on the first day of the trial, that a State’s witness, Jimmy Rogers, be taken into custody and a bench warrant issued charging him with perjury. Defendants contend that the action of the judge constituted an opinion by the judge that the witness was guilty of perjury, to the prejudice of defendants in violation of G.S. 1-180.

The record reveals that after the witness Rogers had testified and left the witness stand the following occurred:

“COURT: Mr. Liles, may I see…