Bearden v. State
Supreme Court of Arkansas
APPEAL from Boone Circuit Court. Hon. J. M. Pittman, Circuit Judge. The appellant was convicted of murder in the first degree. The facts sufficiently appear in the opinion.
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APPEAL from Boone Circuit Court. Hon. J. M. Pittman, Circuit Judge. The appellant was convicted of murder in the first degree. The facts sufficiently appear in the opinion. Permitting the defendant to announce “ready for trial by attorney in the absence of defendant;” swearing the witnesses and putting them under the rule, and putting the names of the jurors in the box to be drawn in the absence of the defendant, were, each, substantive steps taken during the trial when he wa3 not present, and reversible errors. 19 Ark., 209; 24 Ark., 635 and 627 ; Gantt's Dig.? see. 1887; 4-3 A. Y., 3. By…
1Opinion of the CourtCockrill, C. J.
1. Criminal Practice: Presence of defendant.
After indictment found for a felony, the defendant must be present whenever any substantive step is taken by the court in his case. This is general doctrine, and is the construction given by this court to the statute requiring the presence of the defendant “during the trial” on indictment for felony. Mansf. Rev. Stat., sec. 2213; Sweeden v. State, 19 Ark., 205; Osborn v. State, 24 Ib., 629; Brown v. State, Ib., 620.
Under this rule it is not necessary that the accused shall show that he was actually prejudiced by the proceeding had in his absence. It…
2Cited by20 opinions
- Boone v. StateSupreme Court of Arkansas · 1984
- Bennett v. StateSupreme Court of Arkansas · 1896
- Davidson v. StateSupreme Court of Arkansas · 1913
- Bell v. StateSupreme Court of Arkansas · 1988
- Frost v. StateSupreme Court of Alabama · 1932
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