Caryl v. Buchmann

The circuit court properly denied the motion for a new trial. This court must assume as the record stands that the facts stated by the trial judge as to his being at all times within hearing of counsel during the argument to the jury are true. They are only indirectly or inferentially challenged by affidavits on behalf of the defendant. *244Nothing contained in such affidavits absolutely denies the facts stated by the trial judge. So the facts are that the trial judge at all times was within hearing of counsel arguing and that he ruled upon all objections made. Without any criticism of the…