Miller v. United States

GALLAGHER, Associate Judge:

After a jury trial, appellant was convicted of simple assault 1 and sentenced to imprisonment for ninety days. Sentence was thereupon suspended and appellant was placed on probation for six months. The sole question presented is the propriety of a ruling by the court below which resulted in appellant’s exclusion from the courtroom while defense witnesses were testifying at his trial. We hold this ruling was prejudicial error and we reverse.

At the outset of the defendant’s case, the following colloquy occurred:

“Mr. Perazich: As our first witness the defense would…