Delancy v. State

MEMORANDUM OPINION

CORNISH, Presiding Judge:

The appellant, Raymond Andrew Delaney, appeals from a conviction in the District Court of Nowata County, Oklahoma, for the offense of Lewd Molestation, After Former Conviction of a Felony. His punishment was assessed at twenty (20) years’ imprisonment.

The question presented is whether an accused has the right to predicate error upon the fact of his voluntary and temporary absence from the courtroom during the progress of the trial.

This case came on for jury trial on November 1, 1977. At the conclusion of the testimony of the State’s first witness,…