Knocke

The defendant by information was charged with five different offenses of grand theft on all of which counts the jury returned a verdict of guilty. He appeals from the judgments pronounced thereupon and also from an order denying his motion for a new trial.

In support of the appeal counsel assigns four grounds as follows: (1) Misconduct of the trial judge consisting of asserted prejudicial and improper remarks during the course of the trial; (2) errors in the admission and exclusion of evidence; (3) insufficient evidence to support the conviction, including the argument that there is no corroborative evidence required by section 1110 of the Penal Code, and, (4) error in refusing to give certain requested instructions.

We shall follow the foregoing order in our consideration of the problems presented and turn first to what is claimed to constitute misconduct on the part of the trial court. The attorney-general points out that not one of the ten different remarks made by the trial judge was assigned as misconduct during the course of the trial nor was any effort made at any time to correct the error, or prevent prejudicial effect upon the jury, if any there was. Appellant…

The petition for hearing herein is denied. In denying said petition we desire not only to approve but to emphasize the expressions of the district court of appeal with relation to the decorum which should attend the trial of actions at law, and the degree of judicial dignity and of judicial patience and impartiality as well, which should characterize the conduct and pronouncements of those to whom is entrusted the delicate power of sitting in judgment; and while we are in agreement with the appellate tribunal that the departure of the trial judge from these ideals in the instant case may not be held to amount to such misconduct as, in the state of the record, would suffice to justify a reversal, we have deemed this an apt cause and a timely *66 occasion to give expression of our disapproval of this and of all similar departures from the standards of judicial decorum and dignity which should attend the trial of all causes, and particularly all criminal causes, in the courts of this state.

All the Justices concurred.

The defendant by information was charged with five different offenses of grand theft on all of which counts the jury returned a verdict of guilty. He appeals from the judgments pronounced thereupon and also from an order denying his motion for a new trial. In support of the appeal counsel assigns four grounds as follows: (1) Misconduct of the trial judge consisting of asserted prejudicial and improper remarks during the course of the trial; (2) errors in the admission and exclusion of evidence; (3) insufficient evidence to support the conviction, including the argument that there is no corroborative evidence required by section 1110 of the Penal Code, and, (4) error in refusing to give certain requested instructions. [1] We shall follow the foregoing order in our consideration of the problems presented and turn first to what is claimed to constitute misconduct on the part of the trial court. The attorney-general points out that not one of the ten different remarks made by the trial judge was assigned as misconduct during the course of the trial nor was any effort made at any time to correct the error, or prevent prejudicial effect upon the jury, if any there was. Appellant…