State v. Duncan

The opinion of the court was delivered by

Scott, J.

The defendant, Arthur Duncan, was convicted of the crime of larceny, and he appealed to this court, alleging as error the granting of a continuance of the cause from the 18th to the 21th of March without his personal presence. It is claimed that this is a violation of §22, art. 1 of the constitution, which provides that, “in criminal prosecutions, the accused shall have a right to appear and defend in person and by counsel.” We are of the opinion, however, that this provision has reference to matters connected with the trial, and not to…