Eyman v. Cumbo

BERNSTEIN, Justice.

This matter is before us on appeal by the state from the granting of a writ of habeas corpus issued by the Superior Court of Pinal County releasing defendant Cumbo on the grounds “that the same prisoner was not voluntarily absent at the time of the trial of his cause and that same cannot be waived by his attorney nor ordered by the court.” The essential facts are as follows: Defendant was charged with assault with a deadly weapon. On September 24, 1962, the trial court of Maricopa County called the case for trial, but defendant did not appear. On the basis of…