Miller v. State

Evans, Judge.

The accused was indicted, tried and convicted of burglary. He was sentenced to serve a term of seven years in confinement, and the appeal is from the judgment and sentence and from the overruling of his motion for new trial. He enumerates as error: (1) the denial of counsel; (2) the conducting of the trial during his absence; and (3) insufficiency of the evidence to support the verdict. Held:

1. Where the accused was present and participated in the selection of a jury, but thereafter voluntarily absented himself from the proceedings, being under no restraint and free to go and…