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, §§ 110-201 - 110-203 (see O.C.G.A. §§ 17-9-22 and17-9-23) nowhere say a judge was disqualified in a hearing on a motion for a new trial, but say that, if the judge in the original trial does certain things prohibited therein, the judge was disqualified on a retrial of the case, in the event a new trial was granted. Johnson v. State, 46 Ga. App. 494, 167 S.E. 900 (1933).

Court's thanking jury for jury's service prior to determination that verdict was unanimous did not prejudice the verdict under O.C.G.A. § 17-9-23. Mobley v. State, 162 Ga. App. 23, 288 S.E.2d 702 (1982).

Am. Jur. 2d.

- 75B Am. Jur. 2d, Trial, § 1326 et seq.

C.J.S.

- 88 C.J.S. (Rev), Trial, §§ 305, 318 et seq.

ALR.

- Threat to dismiss jury in criminal case for term, unless they could agree on verdict, as coercion, 10 A.L.R. 421.