Davidson v. State
Supreme Court of Arkansas
Appeal from Boone Circuit Court; George W. Reed, Judge; 1. The right of a defendant to be present in a felony case is both statutory and constitutional. Kirby’s Dig., § 2339; Const., art. 2, § 10; 5 Ark 431; 10 Id. 325; 58 Id. 239; 30 Id. 328; 62 Id. 537; 44 Id. 331; 100 Id. 334; 146 U. S. 374; 4 Sup. Court Beporter, 204; 28 Am.
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Appeal from Boone Circuit Court; George W. Reed, Judge; 1. The right of a defendant to be present in a felony case is both statutory and constitutional. Kirby’s Dig., § 2339; Const., art. 2, § 10; 5 Ark 431; 10 Id. 325; 58 Id. 239; 30 Id. 328; 62 Id. 537; 44 Id. 331; 100 Id. 334; 146 U. S. 374; 4 Sup. Court Beporter, 204; 28 Am. Dec. 629, and notes; 110 U. S. 524; 40 Ala. 325; 49 Cal. 41; 8 Col. 457; 37 Fla. 162; 55 Ca. 521; 14 Bush, 769; 30 La. 367; 53 Miss. 363; 84 N. C. 412; 4 Ore. 198; 99 Ya. 816; 85 Wis. 400; 90 Mo. 37; 20 S. W. 758. All the courts' hold that receiving the verdict in…
1DissentSmith, J.
At the common law the presence of the defendant was required at every substantial step during the progress of the trial, and the right to be present is still as universally recognized, as the necessity for the defendant’s personal presence formerly was. But in the development of our criminal procedure this rule has been much relaxed until now in this State, and in many others, the defendant’s presence may be waived throughout the entire trial of a charge not a felony. But we have not heretofore gone that far in the trial of felonies, although such must be the effect of the opinion of the…
2Cases cited21 opinions
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Lewis v. United StatesSupreme Court of the United States · 1892
- Schwab v. BerggrenSupreme Court of the United States · 1892
- Benton v. StateSupreme Court of Arkansas · 1875
- Bennett v. StateSupreme Court of Arkansas · 1896
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