State v. Sereg

Appellant asks for a reversal because of error of the court in overruling his motion for a new trial, based upon the absence, from the court and the county of trial, of the trial judge, from the time the case was submitted to the jury until after the return of the verdict. Because of this absence of the judge, the appellant asserts that he was denied the right to have the jurors receive additional instructions as requested by them.

This appeal is before us on a clerk’s transcript of the record as provided for in subsection No. 2 of Code section 13998. The trial was begun in the forenoon of…