It is error for any judge, during the progress of any case, or in his charge to the jury, to express or intimate his opinion as to what has or has not been proved. Should any judge violate this Code section, the violation shall be held by the Supreme Court or Court of Appeals to be error, the decision in the case shall be reversed, and a new trial shall be granted in the court below with such directions as the Supreme Court or the Court of Appeals may lawfully give.
History. Laws 1850, Cobb’s 1851 Digest, p. 462; Code 1863, § 3172; Code 1868, § 3183; Code 1873, § 3248; Code 1882, § 3248; Civil Code 1895, § 4334; Penal Code 1895, § 1032; Civil Code 1910, § 4863; Penal Code 1910, § 1058; Code 1933, § 81-1104.
Cross references.
Effect of prejudicial statements to jury by counsel, § 9-10-185 .
Corresponding provision relating to criminal procedure, § 17-8-57 .
Structure Georgia Code
Chapter 10 - Civil Practice and Procedure Generally
Article 1 - General Provisions
§ 9-10-1. Preference Given to Cases in Which State Is Plaintiff
§ 9-10-2. Actions Against State Void Absent Notice or Waiver
§ 9-10-3. Closed Trials Authorized in Certain Cases
§ 9-10-4. Trial of Collateral Issues
§ 9-10-5. Charges to Be Written Out on Request; Exception; Filing of Written Charges; Copies
§ 9-10-6. Juror’s Private Knowledge
§ 9-10-7. Expression by Judge of Opinion in Case Reversible Error
§ 9-10-10. Cash Bonds Permitted; Docketing
§ 9-10-13. Effect of Judgment on Party Vouched Into Court
§ 9-10-14. Promulgation of Form for Use by Inmates in Actions Against Government