State v. Cook

A jury found appellant guilty of assault and battery of a high and aggravated nature, and he received a five year sentence. On appeal, he claims he was unfairly prejudiced by *422a statement the trial judge made in the jury’s presence. We agree and reverse and remand this case for a new trial.

The State opened its case by calling two witnesses. After an off-record conference with counsel, the trial judge made the following statement in the jury’s presence:

I want to address some remarks to anyone to whom it may apply, that includes the Defendants, that includes anybody who is interested in them,…