State v. Bailey

Appellant was tried and convicted upon a charge of murder in the first degree. A special finding was made hv the jury that the death penalty he inflicted. From a judgment and sentence thereon, this appeal is prosecuted.

The original assignments of error seem only to raise the question of the admission of improper rebuttal testimony, but, by supplemental brief, further errors are assigned to the effect that the record fails to show affirmatively that the appellant was personally present at the commencement of. the trial below, or at any time thereafter, except upon the last day, when he…