State v. Sessions

Oxner, Justice.

Appellant was convicted of assault and battery with intent to kill and sentenced to imprisonment for a term of seven years. He seeks a new trial upon the ground that one of the witnesses for the State testified during his enforced absence from the courtroom.

In perfecting the appeal, counsel disagreed as to the extent of the testimony taken during appellant’s absence and as to exactly what occurred when that fact was called to the attention of the Court. After hearing conflicting affidavits, the trial Judge, who stated that he remembered the incident very distinctly, settled the…