People v. Wilder

Defendant waived bis right to a trial by jury and elected to be tried by the court. The order of the witnesses in this trial was determined by counsel for both parties, and some exami nation was conducted by counsel. The trial judge, however, conducted' his own examination of each of the ; witnesses, eliciting facts, mailing clear prior testimony, and bringing forth impeachment material. "We find from the comparatively short record that ,the .trial judge asked a greater number of ques: tions than counsel, covering more area in the examination.

A common-law trial is essentially an adversary…