People v. King

Following a nonjury trial defendant was convicted of assault with intent to do great bodily harm less than murder1 and sentenced to 9-1/2 to 10 years in prison.

At the beginning of trial the trial judge gave the following answer to the prosecutor’s request for the transcript of the preliminary examination testimony: “Yes as soon as I finish it.” Although no claim of error was raised below, the defendant now argues that the trial judge’s answer indicated he was reading the transcript and that such an act is reversible error. Assuming, arguendo, that it is error for a trier of fact to sua…