Raentsch

*60 The Court. The People against Karl Raentsch.

Mr. Walsh. Ready, your Honor.

Mr. Dunn. Ready.

The Court (Hon. Lincoln S. Church). There is just one proposition in this case that is serious. It appears from the statement on appeal, settled by the Justice, that this defendant Raentsch was prosecuted and convicted under Section 123 of the Motor Vehicle Act, having been charged with reckless driving. The case was tried before the Court without a jury, a jury trial having been waived, it being a misdemeanor, and it appears that upon the conclusion of the testimony the case was continued until a late date for argument. On the day fixed for the argument, on which the case was continued, the statement on appeal shows the following facts: Additional testimony was in *61 troduced on that day, and the case Was then closed, and the attorney for the defendant, Mr. White, insisted upon his right to argue the case —argue the facts and the evidence, as well as the law. The statement on appeal shows that "The Court thereupon answered that it was ready to give its decision, and Carlos G. White, Esq., as attorney for the defendant, requested leave of the Court to argue the evidence and the law,…