State v. Harris

The issue is whether it was error to continue defendant’s burglary trial in his absence. We hold that it was.

Defendant’s trial began on Thursday, September 27,1979 and continued through Friday, September 28. It was set over from Friday afternoon to resume Monday morning, October 1. When court convened on Monday morning, defendant’s absence was noted on the record. Various efforts were made to contact defendant that day and the following day. All were unsuccessful. On Wednesday, October 3, the trial court ordered the trial to resume without defendant being present over defense counsel’s…