People v. Swan

Memorandum Opinion. Defendant was convicted of armed robbery. The Court of Appeals reversed his conviction because part of the testimony and the jury’s verdict were received in defendant’s absence. 59 Mich App 409; 229 NW2d 476 (1975). The people seek review by this Court.

The record in the instant case discloses that defendant, who had been released on bond, did not reappear in the courtroom after a mid-trial recess. The trial judge waited several hours for his return and then adjourned the case. When court reconvened four days later, defendant had not reappeared, and testimony was received…