Allen v. State

Atkinson, Presiding Justice.

1. The first question assumes a violation of the Code, § 81-1104, and therefore that the expression of opinion does not relate to some fact not in dispute, or admitted by the defendant himself to be true, and that accordingly it was erroneous for the judge during the progress of the case but not in the charge to the jury, to express or intimate his opinion as to what has or has not been proved. On such assumption it is inquired, is such violation so erroneous that it is mandatory on the reviewing court to reverse the judgment without regard to the question of…