The following excerpt is from Freeman v. United States, 227 F. 732 (2nd Cir. 1915):
In People v. Hobson, 17 Cal. 429 (1861), the court held, where the judges composing the court of sessions, on motion for a new trial, were not the same judges who composed the court during the trial, one member being different, that defendant, not having objected at the time, waived the objection.
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