See OCGA § 16-3-40 (formerly Code § 38-122). See also Paschal v. State, 230 Ga. 859, 860 (2) ( 199 S.E.2d 803); Payne v. State, 231 Ga. 755 ( 204 S.E.2d 128); Allen v. State, 239 Ga. 391, 392 (2) ( 236 S.E.2d 825). We note that the court's charge, as a whole, further instructed the jury that no act, language, or tone of the court should be taken as an expression of opinion by the court.