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eBook details

• Title: Miles v. State Indiana.
• Author : Supreme Court Of Indiana
• Release Date : January 27, 1944
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

RICHMAN, J. Appellant was tried and found guilty by jury on an indictment for rape and sentenced to imprisonment in the State Prison. His motion for new trial was overruled and the ruling is assigned as error. Affidavits and counter-affidavits were considered as evidence in support of specifications of the motion and have been brought into the record by bill of exceptions. The affidavits disclose without controversy that after the jury had been deliberating five or six hours the Judge proposed to reread the instructions, called to the courtroom the appellants attorney (who does not appear in this appeal) and asked if he desired that appellant be brought from the jail to the courtroom. The attorney expressly waived appellants presence whereupon the Judge read to the jury for the second time all the written instructions and directed the jury again to retire and attempt to agree upon a verdict. Appellant himself made no affidavit. There is no showing, except by inference from the fact that he was then in jail, that he did not know what was transpiring or that he did or did not authorize such waiver by his attorney. The question is presented whether upon this state of the record the court erred in not requiring appellants presence in the courtroom.

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