Judge Remarks Assigning a Reason for Ruling In Not An Expression of Opinion
It is well settled that remarks of a judge assigning a reason for his ruling are neither an expression of opinion nor a comment on the evidence as contemplated by O.C.G.A. 17-8-57. Here, the trial court was clearly assigning a reason for its ruling.
Additionally, in its charge to the jury, the court instructed that by none of its rulings or comments had it intended to express any opinion as to the facts, the credibility of the witnesses, the evidence, or the defendant's guilt.Crews v. State, 226 Ga. App. 232, 237 (6) (486 S.E.2d 61) (1997).
no matter how erroneous a ruling of a trial court might be, a litigant cannot submit to a ruling or acquiesce in the holding, and then complain of the same on appeal. He must stand his ground. Acquiescence deprives him of the right to complain further.
A party's acquiescence to the ruling of a trial court deprives the party of a right to complain of that ruling on appeal, and acquiescence can be caused by silence. Defendant has waived the issue argued on appeal by failing to raise an objection in the trial court. Carr v. State, 214 Ga. App. 367, 368 (448 S.E.2d 33) (1994). See also Nolton v. State, 196 Ga. App. 690, 691 (2) (396 S.E.2d 605) (1990) (issue not preserved when no objection to comment by judge).