Daugherty v. State

Franktjm, Justice.

The appellant was convicted of rape with a recommendation of mercy, and thereupon was sentenced to life imprisonment. He appealed “from the judgment of conviction and sentence . . . and the order denying [his] motion for new trial, as amended.” In this court counsel for the appellant argues and insists on only two points raised by the enumeration of errors, and our discussion will be confined to those two points.

1. One of appellant’s contentions is that a part of the trial was conducted out of his presence when he had not expressly or impliedly waived his right to be present…