69 See, e.g., Jones u. State, 272 Ga. 900, 901 (2) (537 SE2d 80) (2000); Payne v. State, 290 Ga. App. 589, 589-90 (2) (660 SE2d 405) (2008). 70 OCGA § 17-8-57. 71 Id. 72 Id.; see Thomas v. State, 240 Ga. 393, 400 (3) (242 SE2d 1) (1977); O’Hara v. State, 241 Ga. App. 855, 859 (3) (528 SE2d 296) (2000). However, “remarks of a judge assigning a reason for his ruling are neither an expression of opinion nor a comment on the evidence.” Johnson v. State, 246 Ga. 126,128 (V) (269 SE2d 18) (1980); see also Cochran v. State, 136 Ga. App. 125, 127 (3) (220 SE2d 477) (1975). Additionally, the Supreme Court of Georgia recently held that questioning whether an element has been proven is not error even when made before the jury. See State v. Gardner, 286 Ga. 633, 634-35 (690 SE2d 164) (2010) (<HOLDING>), reversing Gardner v. State, 296 Ga. App. 792
holding that verbal threats such as we going to get you you better drop the suit do not rise to the level of adverse action holding the district courts noconsent finding was not clearly erroneous because the individual felt she was under arrest and had to submit to the patdown search in part based on the officers saying this is what we do we talk to people we search peoples bags we pat search people this is what we do everyday holding that we lack jurisdiction to consider claims that have not been raised before the bia holding that we generally may not consider issues not raised before the bia holding that judges statement before jury to prove venue did you prove venue    why dont we go ahead and do that before we forget was not error