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,
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