State v. Romero

PHELPS, Chief Justice.

Jesse Cruz Romero, the appellant, was convicted of the crime of statutory rape alleged to have been committed upon his wife’s sister, a girl sixteen years of age.

During the trial the witnesses were placed under the rule excluding them from the courtroom. George W. Martin, Justice of the Peace, was called as a witness for the State. At that time the following colloquy took place between defense counsel and the court,

Defense counsel: “At this time, your honor, I wish to move the court to not allow Judge Martin to testify for the reason that he was in the courtroom all this…