Heflin v. United States

SIBLEY, Circuit Judge.

In the trial of this charge of conspiracy, during the argument to the jury of defendants’ counsel, the judge left the bench for two or three minutes to go to the lavatory in an adjoining room, closing the door behind him. The jury and defendants’ counsel noticed that the judge was gone, and counsel continued his argument. Nothing else happened. No motion or objection was made. The jury found the defendants guilty, and the action of the judge was complained of in a motion for a new trial.

In a trial by jury the judge is an essential actor, and he should be present during…