Fugler v. State

Citations

• 58 Miss. 829

Syllabus

<p>Criminal Law. Trial in absence of defendant. Bill of exceptions, how prepared.</p> <p>F. was at large upon a recognizance, charged with the commission of a misdemeanor. He failed'to appear when his case was called for trial, but the trial took place, and he was convicted. He appeared on the next day and moved for a new trial, basing his motion, in part, upon the allegation that the verdict was contrary to the evidence. Upon the hearing of the motion, he insisted that the State’s witnesses should be compelled to reappear and repeat the testimony which they had given before the jury. This request was denied, upon the ground that the judge had a sufficient recollection of the testimony to act upon the motion, and that if the defendant did not know what the evidence was against him, it was his own fault. It is urged that this action of the court deprived the accused of an opportunity to know what testimony had been adduced against him, and of all possibility of making out a bill of exceptions for this court embodying that testimony. Held, that the actioii of the court below was correct. The defendant could have tendered to the district attorney and the judge such recital of the testimony as he might learn from others had been delivered against him, and have obtained a bill of exceptions, with such modifications and corrections as those officers thought proper to make. The inconvenience and disadvantage incident to that course were the result of his own wrong in absenting himself from the trial, and cannot be complained of by him.</p>