122 Ga. 740 | Ga. | 1905
“Evidence of circumstances, which are part of a person's behavior subsequent to an event which it is alleged or suspected he is connected with or implicated in, are relevant if the circumstances are such as would be natural and usual, assuming the connection or implication to exist.” Und. Or. Ev. § 115. In McAdory v. State, 62 Ala. 154, it was said, that “Any indications of a consciousness of guilt, by a person suspected of or charged with crime, or who may after such indications be suspected or charged, are admissible evidence against him.” In
In the use of a sound discretion a presiding judge may ask questions of a witness on the stand. But he should not do so in .luch a way as would have a tendency to discredit the witness, nor should he make remarks which would amount to an expression of opinion on the evidence. Gordon v. Irvine, 105 Ga. 145; Morrison v. Dickey, 119 Ga. 698; Potter v. State, 117 Ga. 693; Hubbard v. State, 108 Ga. 786; Harris v. State, 61 Ga. 359. The county judge in the present case indicated by his answer to the writ of certiorari that he thought the questions which he put to the witness and the statement which he made to 'the jury were not calculated to affect the credit to be given the witness, or injure the defendant. In this view, however, we can not concur with him. The form oi the questions themselves partook somewhat of the nature of a cross-examination. The subsequent statement of the judge brought before the jury the xact that the witness
Judgment reversed.