State v. MacK

HUSKINS, Justice.

During the course of the trial, the presiding judge twice called the solicitor to the bench and conferred with him, following which the solicitor resumed his examination of the witness then on the stand. Defendant contends these conferences were highly suggestive to the jury and compromised the court’s neutrality to the prejudice of the defendant. This constitutes defendant’s first assignment of error.

What was said between the judge and solicitor is not shown by the record. Whispered conferences at the bench between the judge and the solicitor, or the judge and defense…