Ordered that the judgment is reversed, on the law, and a new trial is ordered. Issues of fact were not raised or considered.
After both sides had rested and just prior to summations, defense counsel indicated to the court that his client had been taken ill during the luncheon recess and hence had not returned to the courtroom. The Trial Judge, noting that the taking of evidence had already been completed, elected to proceed with summations in the defendant's absence...
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