Watkins v. State

Citations

• 110 Miss. 438
• 70 So. 457

Syllabus

<p>1. Criminal Law. Trial. Examination of witnesses. Absence of accused.</p> <p>The examination of a witness in the absence of the defendant charged with a capital felony is reversible error.</p> <p>2. Same.</p> <p>If it be conceded that section 1495, Code 1906, providing that in. criminal cases the presence of the prisoner may be waived, is-applicable to capital felonies, still it does not apply where the defendant did not know that a witness was going to be examined while he was out and his counsel were not aware of his absence from the court room.</p>