CONSTITUTIONAL LAW - TRIAL BY JURY - RIGHT TO WAIVE PRESENCE OF TRIAL JUDGE

Defendant was tried for the crime of driving a car while intoxicated. After the jury was instructed and had retired, the judge who had supervised the trial up to that point announced that he was going to another town to sit for a judge who was in poor health, but that a second judge would be available to receive the jury\u27s verdict. Defendant\u27s counsel failed to object to these arrangements. After the judge who heard the cause had left, the jury desired further instructions. As defendant objected to this request, however, it was denied. The second judge received the unqualified verdict of the jury convicting defendant. On appeal, held, affirming the conviction, that defendant had waived his constitutional and statutory rights to have the same judge preside over the entire trial and to have that judge give further instructions to the jury. Having waived his rights, defendant must affirmatively show prejudice resulting from these irregularities in procedure to establish reversible error. State v. Sereg, (Iowa, 1941) 296 N. W. 231