Webb v. State

MORRISON, Presiding Judge.

The offense is murder; the punishment, death.

This conviction must be reversed because the court heard for some several days (since it requires 238 pages of the statement of facts to cover it) evidence on the motion to quash the indictment in the absence of the accused. The cause was set for June 7, 1954. On the day preceding, the appellant, who was in jail, was carried to the hospital for an appendectomy. On the morning of the 7th, the court called the case, and the state announced ready, even though it was known that the appellant was not present. The appellant’s…