State v. Turner

CAMPBELL, Judge.

Defendant assigns as error the actions of the trial judge in finding that defendant, by his absence from trial, waived his right to be present and in proceeding with the trial in defendant’s absence. In a criminal prosecution it is the right of the accused to be present at the trial, unless he waives that right. State v. Pope, 257 N.C. 326, 126 S.E. 2d 126 (1962). But where the defendant voluntarily absents himself from the courtroom, and especially when he has fled the court, such conduct may be considered and construed as a waiver, and the presence of the defendant is not…