State v. Colquitt

Birdsong, Judge.

The appellee Colquitt faced an accusation charging him with theft by taking. On the day of trial, the prosecution was present with its witnesses. However, appellee did not appear when the case was called. He was ordered arrested for non-appearance. Shortly thereafter and while the witnesses were still present, Colquitt appeared but in a drunken condition. The defense counsel spoke to the prosecuting witness and ascertained that she wanted only the return of her radio (valued at about $20), and, having fulfilled this wish, no longer desired to prosecute the defendant Colquitt.…