Duren v. Clark

1. Where, anent a discussion in open court between counsel for the defendant and the trial judge with reference to obtaining the presence of a witness who was at home sick, the trial judge, after having caused the jury to retire, stated that, a few days before, the witness stated that “he was expecting to be sick when this case was called for trial,” yet where it does not appear that this remark had been communicated to the jury, it does not appear to have been prejudicial to the defendant. The fact that after the judge had made this remark the *430jury were permitted to disperse overnight, and…