Demonia v. State
27 S.E.2d 101 | Ga. Ct. App. | 1943
Section 81-1104 of the Code makes it reversible error for a trial judge to intimate or express in his charge to the jury his opinion as to what has or has not been proved. Hence, on the trial of a person accused of distilling spirituous and alcoholic liquors, it was reversible error to charge, "Gentlemen of the Jury, one of the witnesses testified in this case to having worked at this still for this defendant, and that, under the law, constitutes what is known as an accomplice." This was an expression of an opinion that the witness referred to was an accomplice of the defendant. Therefore, a new trial is required.
Judgment reversed. Broyles, C. J., and Gardner, J., concur.