Cochran v. State

FURMAN, PRESIDING Judge.

First. The third ground set up in the motion for new trial is as follows:

“Because the court left the bench and relinquished control of the trial during its progress for the space of several minutes while R. Y. Nance, one of the attorneys for the state, was arguing the case to the jury.”

The defendant filed affidavits in support of this ground for a new trial. If, as a matter of fact, the judge should absent himself from the courtroom and thereby relinquish control over the trial, it is entirely proper that this fact should be incorporated in the motion for new trial;…