What is the current state of the law on the role of the trial judge in determining a jury's verdict in a sexual assault case?

Against these standards the record indicates that while the trial judge may have played a more active role than desirable in most cases, the particular circumstances of each individual situation must govern the appellate conclusion. Considering the record as a whole, it is concluded that appellants were not deprived of a fair trial and that all the facts relating to their defense of lack of wilfulness reached the jury by means of an accurate charge. Additionally, the important factor in this determination is that the trial judge charged the jury that they were to draw no conclusions from his participation in the conduct of the trial. While such a charge will not overcome all judicial improprieties, it was sufficient under the circumstances of this case. United States v. Curcio,

[450 F.2d 1207]

279 F.2d 681, 682 (2d Cir.), cert. denied, 364 U.S. 824, 81 S.Ct. 59, 5 L.Ed.2d 52 (1960).

[450 F.2d 1207]