Commonwealth v. McCarthy

The defendant was indicted and tried for larceny in a building. He was on bail, and it must be assumed that he was present during the trial all the time until after the jury had retired to consider the case, when he voluntarily went away and remained absent until after they had returned with their verdict. He was then defaulted, and a verdict of guilty was received and recorded. He afterward moved to set aside the verdict, on the ground that the court could not properly receive it in his absence. This motion presents the only question in the case.

It is a general rule, both in England and in…