State v. Shutzler

Citations

• 82 Wash. 365
• 144 P. 284
• 1914 Wash. LEXIS 1520

Syllabus

<p>Criminal Law — Trial — Presence of Accused — Constitutional Rights. It is error, conclusively presumed to be prejudicial, as denying tbe constitutional right of an accused to appear and defend in person (Const., art. 1, § 22) and his statutory right (Rem. & Bal. Code, § 2145) to be personally present during the trial, for the court, upon receiving a jury during Sunday for the supposed purpose of discharging it for inability to agree, to send the jurors back for further deliberation with general instructions as to their duty to arrive at a verdict if possible; neither the defendant, who was out on bail, but within easy call, nor his attorneys, being present or notified.</p>