People v. Little

Defendant was arrested and charged with the crime of statutory rape upon a 12-year-old female child (Act No. 328, § 520, Pub. Acts 1931 [Comp. Laws Supp. 1940, § 17115-520, Stat. Ann. § 28.788]). Upon jury trial he was convicted and was given a prison sentence of from 4 to 10 years. His motion for a new trial was denied, and, having obtained leave, he appeals.

It appears that after deliberating for several hours, the jury returned to the court room about 9 o’clock in the evening of May 26, 1941, and that neither the trial, judge nor defendant’s counsel was present.. In the absence of the judge…