Pool v. State

Citations

• 120 Miss. 842
• 83 So. 273

Syllabus

<p>Ckiminai, Law. Objection must be made to absence of accused.</p> <p>Under Code 1906, section 1495 (Hemingway’s Code, section 1253), providing for waiver of presence of accused during trial where a prisoner on trial for murder was absent from the courtroom in jail when the district attorney commenced his argument to the jury, but his absence being discovered was brought into court and the district attorney repeated in his presence substantially what he had said in his absence and neither the prisoner nor his counsel objected to what had been done in the prisoner’s absence, until after conviction. In such case the conviction will not be set aside where it does not reasonably appear that what was said and done in the prisoner’s absence substantially prejudiced his case and prevented a fair and impartial trial.</p>