Summerlin v. State

DAVIDSON, Presiding Judge.

This conviction was for assault to murder. The ease proceeded to trial under the regular judge of the District Court until it reached that stage where the record states “The State and defendant here rests. ’ ’ It seems from this that the trial had proceeded to a point where the State had introduced its evidence and defendant had introduced his evidence. At this point the regular judge was called over the phone from his home in another county, informing him that his child was ill and was worse, the child having been sick for some time. While the judge was attending…