Court of Appeals for the Fifth Circuit February 9, 1942, No. 9988 (Heflin v. United States)

SIBLEY, Circuit Judge.

In the trial of this charge of conspiracy, during the argument to the jury of defendants’ counsel, the judge left the bench for two or three minutes to go to the lavatory in an adjoining room, closing the door behind him. The jury and defendants’ counsel noticed that the judge was gone, and counsel continued his argument. Nothing else happened.