Pierce v. State

All the morning had been consumed with the taking of the evidence in this case, and argument was to be made during the afternoon session. Being unable to give bond, the defendant was taken to the county jail by the sheriff during the noon recess. When court convened after the noon hour the sheriff had not brought the defendant back to court. Counsel for the State opened the argument and was proceeding to address the jury, when defendant’s counsel discovered his client’s absence, and immediately moved for a mistrial “upon the ground that the defendant was not in court, and that he was entitled…