State v. Montgomery

CLARK, Judge.

The defendant contends that the trial court erred in beginning and proceeding with his trial in his absence. We conclude that the trial had begun when defendant voluntarily left, and that in so doing he waived his right to be present.

In every criminal prosecution it is the right of the accused to be present throughout the trial. In misdemeanor cases this right can be waived by defendant through his counsel. In felony cases other than capital ones the right to be present can be waived only by the party himself. In capital cases this right cannot be waived, and it is the duty of…