Martini v. State

ON APPELLANT’S MOTION FOR REHEARING

BELCHER, Commissioner.

In his brief which has now been filed, the appellant complains of a comment made by the trial judge during a conference with the attorneys at the bench relative to a previous statement made by the prosecuting witness to an attorney for the state. The record reflects that after extended statements by the attorneys, the state’s attorney said, “I would like to stipulate further that he did make a verbal complaint and oral statement on November 20th.” Then the Judge said: “We have • been talking about it all day.” To this statement the…