GA 17-9-23 - GA 17-9-23

JUDICIAL DECISIONS Comment by judge that verdict is proper and just. - Trial judge is not disqualified from passing upon the motion for a new trial when, after the verdict of guilty is returned into court, the judge states: "I think it is a proper verdict and one fully justified; I think the verdict is just." Johnson v. State, 46 Ga. App. 494 , 167 S.E. 900 (1933). Penalty is disqualification from presiding over new trial. - Penalty for violating this section was the same as that prescribed for a judge's approval or disapproval of the verdict of the jury in open court, which penalty is the judge's disqualification in case a new trial should be granted. Johnson v. State, 46 Ga. App. 494 , 167 S.E. 900 (1933). Disqualification is not from hearing motion for new trial. - Former Code 1933, §§ ...