Rice v. Matthews

Ebbrhardt; Judge.

Since the new trial here was granted on special grounds of the amended motion, and not on discretionary grounds, it does not fall within the rule that the first grant of a new trial shall not be disturbed. Code § 6-1608, as amended by the act of 1959 (Ga. L. 1959, pp. 353, 354).

There must be no expression of opinion on the facts by the court in its charge to the jury, and if such there be, a new trial must be granted. Code § 81-1104.

We are persuaded that the trial judge felt that there was some expression of opinion by him, in view of the conflict in the testimony, that…