State v. Cook

PHILLIPS, Judge.

Two acts by the trial judge are asserted as error —one a comment in regard to certain corroborating testimony, the other imposing a longer sentence than the presumptive one for the offense involved. Neither amounted to legal error in our opinion.

When the deputy sheriff undertook to testify to Munday’s statement to him about the incident involved, the defendant objected and the trial judge stated: “[T]his will be received for the corroboration of the prior witness, if it does, and if it doesn’t the court will rule it out.” Thereafter, the judge made no allusion at all to the…