Sneed v. State
Supreme Court of Arkansas
This was an indictment for larceny, in the Carroll Circuit Court, determined in April, 1843, before the Hon. Joseph M. Hoge, one of the'circuit judges. The indictment was against Wm. Sneed. During the trial, he was on bail, and part of the time while the trial was progressing, was not present, nor was he in court when the jury returned into court their verdict and were discharged. It was an open verdict, and entered of record by the court, but no judgment rendered on it.
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This was an indictment for larceny, in the Carroll Circuit Court, determined in April, 1843, before the Hon. Joseph M. Hoge, one of the'circuit judges. The indictment was against Wm. Sneed. During the trial, he was on bail, and part of the time while the trial was progressing, was not present, nor was he in court when the jury returned into court their verdict and were discharged. It was an open verdict, and entered of record by the court, but no judgment rendered on it. At the next term of the court, the attorney for the. State ordered appellant into custody, and moved that the court proceed…
1Opinion of the Court
By the Court,
Sebastian, J.
The offence with which the prisoner stood charged, was larceny; and this is felony, by the common law. In such cases, by our Rev. Statutes, page 307, sec. 154, no indictment for a felony shall be tried, unless the defendant be personally present, during the trial. This was only declaratory, and an affirmance of the common law, which would not allow any proceeding affecting life, or liberty, to be had in the absence of the prisoner, and when any step was to be taken in the cause, the prisoner was to be present personally, lest in so important a matter, he should be…
2Cited by11 opinions
- Cawthon v. StateSupreme Court of Georgia · 1904
- Bennett v. StateSupreme Court of Arkansas · 1896
- Bond v. StateSupreme Court of Arkansas · 1897
- Whittaker v. StateSupreme Court of Arkansas · 1927
- State v. WilsonIndiana Supreme Court · 1875
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