State v. Pearse

Citations

• 19 S.D. 75
• 102 N.W. 222
• 1905 S.D. LEXIS 2

Syllabus

<p>1. The personal presence of accused in a criminal prosecution is not necessary, under Rev. Code Cr. Proc. §§ 301,350, except from the impaneling of the jury to the charge, and under sections'244, 398, 437 and 444, at • arraignment, receipt of verdict and sentence. - • .. • \\</p> <p>2. Where, on appeal, the record showed that accused, when called on-to answer the information, was present in court, and personally,entered ,a plea; that the cause was brought on for trial, and he was sworn and tesr tided; and that the jury in the presence of the accused', delivered its verdict — it would be presumed that he was present at all' times required by the Code. ■ ,</p>