Gibson v. State

Citations

• 3 Tex. Ct. App. 437

Syllabus

<p>New Trial.—Under the Code of this state, as well as at common law, a defendant in a felony case has the right to be personally present in court when his motion for a new trial is being heard and determined; and when, as in the present case, the record affirmatively shows that the defendant’s motion for a new trial was heard and determined during his absence, and that he subsequently objected thereto in the court below, the conviction will be set aside and the cause be remanded for a new trial.</p>