3.230 - Statements upon matters of fact.

3.230  Statements upon matters of fact.  District judges shall not charge juries upon matters of fact but may state the evidence and declare the law. In stating the evidence, the judge should not comment upon the probability or improbability of its truth nor the credibility thereof. If the judge states the evidence, the judge must also inform the jury that they are not to be governed by the judge’s statement upon matters of fact.

      [23:19:1865; B § 931; BH § 2445; C § 2526; RL § 4846; NCL § 8388]