Lee v. State

on state’s motion for rehearing.

HAWKINS, Presiding Judge.

The State presents a motion for rehearing insisting that under the recitals in the bystanders’ bill the absence of appellant during the argument on the motion for a peremptory instruction should be regarded as a “voluntary” absenting of himself on the part of appellant.

Article 582 C. C. P. reads in part as follows: “Where the accused is on bail when the trial commences, such bail shall not thereby be considered as discharged until the jury shall return into court a verdict of guilty or not guilty. He shall have the same right to have…