Smith v. State

Stolz, Judge.

The defendant appeals from his conviction of violation of the Georgia Controlled Substances Act.

1. The appellant was admitted to bail and was present for the first day of his trial. Court was adjourned overnight and when it was reconvened the next morning, the appellant did not reappear. Appellant’s retained counsel objected to trying the appellant in his absence. The judge noted that the appellant had been instructed to be in court. Defense counsel then stated, "Yes, sir. It was my understanding that he was here earlier and the jurors were not here and I don’t believe that —,”…