Inasmuch as the charge excepted to in the 8th ground of the motion for a new trial was in violation of section 4834 of the Civil Code, which forbids a judge to express or intimate “ his opinion as to what has or has not been proved,” and declares that “ such violation shall be held by the Supreme Court to be error, and the decision in such case reversed, and a new trial granted in the court below,” a new trial is ordered. See West End Street Ry. Co. v. Mozely, 79 Ga. 463 ; Covington v. W. & A. R. Co., 81 Ga. 273; Georgia R. Co. v. Clary, 103 Ga. 639.

Judgment reversed.