People v. Tupper

Defendant was convicted of a felony, and as ground for a new trial he alleged by affidavit, which was not contradicted, that during the argument of the case to the jury the Judge absented himself from the courtroom for the period of twenty minutes. It was also alleged by the affidavit that during such absence the judge was out of sight and hearing of the proceedings going on within the courtroom. The foregoing facts being undisputed, we are fully satisfied they demand a retrial of the defendant. The argument of the case to the jury is as much a part of the trial as the introduction of…