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Texas Code of Criminal Procedure - Article 38.05. Judge Shall Not Discuss Evidence

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 38.05. Judge Shall Not Discuss Evidence

Art. 38.05. [707] [787] [767] [729] JUDGE SHALL NOT DISCUSS 
EVIDENCE.  In ruling upon the admissibility of evidence, the judge 
shall not discuss or comment upon the weight of the same or its 
bearing in the case, but shall simply decide whether or not it is 
admissible;  nor shall he, at any stage of the proceeding previous 
to the return of the verdict, make any remark calculated to convey 
to the jury his opinion of the case.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.                                

Last modified: August 10, 2007