Owen v. State
Supreme Court of Arkansas
APPEAL from Lee Circuit Court. Hon. J. N. Cypert, Circuit Judge. 8ec. 1888 Gantt’s Dig. provides : “If the indictment is-for a misdemeanor the trial may be had in the absence of the defendant.” It was purely within the discretion of the court to try the case in the absence of the defendant,, or to require his personal presence if deemed necessary.
1Opinion of the CourtEnglish, C. J.
In September, 1880, Amos Owen was charged, tried and convicted for malicious mischief, before a justice of the peace of Lee county, and appealed to the-Circuit Court.
At the appeal term he was present in the Crcuit Court, the case was submitted to a jury, and they failing.to agree on a verdict were discharged. At the next term he was. absent, and the State demanding his presence, the court continued the case. At the following term, when the case was called for trial, he was absent; the State demanded his presence ; his attorney offered to proceed to trial in his absence, which the court…
2Cited by10 opinions
- Cox v. City of JonesboroSupreme Court of Arkansas · 1914
- State v. SuperSupreme Court of Minnesota · 1968
- Henderson v. Town of MurfreesboroSupreme Court of Arkansas · 1915
- Taylor v. StateCourt of Appeals of Arkansas · 1993
- Cagle v. StateCourt of Appeals of Arkansas · 1994
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