lawskills
Google
search the Web search LawSkills.com
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
PHILLIPS v. THE STATE.
59956.
SOGNIER, Judge.
Aggravated assault. Troup Superior Court. Before Judge Jackson.
One of Phillips' enumerations of error on this appeal pro se is that it was reversible error for the trial court to allow cross-examination of a state witness to proceed during appellant's absence, thus depriving him of his constitutional right to be present at all stages of the proceeding and confront the witnesses against him. We agree.
After sending the defendant (appellant) out of the courtroom, defense counsel waived defendant's presence during cross-examination of his (defendant's) wife, who was a principal state witness against him. When defendant returned to the courtroom after completion of the cross-examination the prosecutor stated: "The defendant requested that he be sequestered." The court then stated: "In fact, it was requested by the defense's attorney." The record fails to show that the waiver was made in the presence of the accused or by his express authority, or that he subsequently acquiesced in such waiver, as required. Wilson v. State, 212 Ga. 73, 78 (90 SE2d 557) (1955). See also Miller v. State, 13 Ga. App. 440, 442 (2) (79 SE 232) (1913). Hence, it was error to overrule this ground of the motion for new trial. Wilson v. State, supra.
Willlam F. Lee, Jr., District Attorney, Marc E. Acree, Assistant District Attorney, for appellee.
Joseph H. Phillips, pro se.
SUBMITTED MAY 6, 1980 -- DECIDED SEPTEMBER 2, 1980 -- CERT. APPLIED FOR.
Wednesday December 3 00:34 CST


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com