16 Ga. App. 185 | Ga. Ct. App. | 1915
It is unnecessary to discuss the various exceptions in the amendment to the motion for a new trial more fully than in the rulings embodied in the headnotes; and since the evidence
Measured by this rule, the charge of the court complained of in the case under consideration is not subject to exception on the ground that it presented to the jury the contentions of the State in such a manner as to amount to the expression or intimation of an opinion thereon. The major contentions of the State, necessary to warrant a conviction of the defendant, were stated, and the court stated also the reverse contentions of the defendant. No reference was made to the testimony, nor was it suggested by the court that any of the contentions insisted upon by the State were sustained by the evidence, or that any particular evidence tended to sustain any particular contention or all the material contentions of the State. While the use of the words “the State insists,” “the State contends,” would not, as already stated, and as heretofore decided by this court, relieve from error an argumentative and objectionable statement of the contentions of the parties, still the fact that the court repeated, in connection with every reference to a material contention on the part of the State, the words, “the State insists,” might serve in some degree to remove from the minds of the jury any impression that the court was stating the various contentions as facts, or was intimating that such contentions had been proved, and rather tended to impress upon the jury that the contentions recited were merely such contentions as were “insisted” upon by the State, and not by any means contentions which had been established by the testimony. It is hard to imagine how a trial judge may present to a jury for their consideration the material and essential contentions on the part of the State without subjecting himself to the just criticism of having (by inadvertence) at least intimated an opinion to the jury, unless he should preface any statement as to the contentions of the State by the words “the State contends” or “the State insists,” or by other words of like