Zimmerman v. State

The right of trial by jury under the Constitution of this state is an inviolate right, and it is the settled law in obedience to the mandates of the constitution that a jury shall have exclusive power to determine the facts in all criminal cases in which the charge involves the commission of an infamous crime punishable by imprisonment. It is required in this state that in all such cases the facts in evidence must be determined and decided by the jury. It necessarily follows from this requirement that any expression of the trial court, and particularly any positive statement by that court to…