State v. Wamire
| Decision Date | 10 June 1861 |
| Citation | 16 Ind. 357 |
| Parties | The State v. Wamire |
| Court | Indiana Supreme Court |
APPEAL from the Jasper Common Pleas.
The appeal is dismissed.
James G. Jones, Attorney General, and R. S. Dwiggins, for the State.
The following points of criminal law are settled in this State:
1. If the Court, without the consent of the defendant, discharge the jury to whom his cause has been submitted, before verdict, no imperious necessity rendering such discharge necessary, it works an acquittal of the defendant; but such discharge with his consent does not work an acquittal, and the defendant should be held for another trial.
2. The Court is not bound thus to discharge the jury because the defendant consents to such discharge, and should not thus discharge them on the consent of the defendant's attorney alone.
3. The Court is not bound to discharge the jury because of the voluntary absence of the defendant during the trial, he having been present at its commencement (McCorkle v. The State, 14 Ind. 39; Fight v. The State, 7 Ohio (Ham.) Rep., Part 1, p. 181), but may proceed on to verdict, at all events, in his absence.
4. If the defendant escapes after sentence, and before execution, he may be retaken, brought into Court, identified and re-sentenced. Ind. Pr. 72.
The appeal in this case is dismissed.
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State v. Utecht
...trial as waiver of presence at trial: Fight v. State, 7 Ohio 180, 181, pt. 1. 28 Am. Dec. 626; McCorkle v. State, 14 Ind. 39; State v. Wamire, 16 Ind. 357; Sahlinger v. People, 102 Ill. 241; Price v. State, 36 Miss. 531, 72 Am.Dec. 195 (verdict); State v. Maxwell, 151 Kan. 951, 102 P.2d 109......
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...an acquittal, barring further trial. To support this contention he cites the following authorities: McCorkle v. State, 14 Ind. 39; State v. Wamire, 16 Ind. 357; v. Fitzpatrick, 121 Pa. 109, 15 A. 466, 1 L. R. A. 451, 6 Am. St. Rep. 757; State v. McKee, 1 Bailey (S. C.) 651, 21 Am. Dec. 499;......
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Stough v. State
... ... where the defendant voluntarily absented himself from the ... court such as by reason of flight or escape, or that his ... presence had been waived by his counsel who was present at ... the time of the discharge of the jury by the court. State ... v. Wamire, 16 Ind. 357; People v. Higgins, 59 ... Cal. 357; Alston v. State, 109 Ala. 51, 20 So. 81; ... In re State ex rel. Battle, 7 Ala. 259; People ... v. Smalling, 94 Cal. 112, 29 P. 421; Wheelock v ... State, Tex.Cr.App., 38 S.W. 182 ... We have ... stated that the ... ...
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Defense Counsel, Please Rise': A Comparative Analysis of Trial In Absentia
...DISCLOSING THE PLANS FOR ESTABLISHING A NORTH-WESTERN CONFEDERACY 53 (Benn Pitman ed., 1865). 32 Id . at 51. 33 State v. Wamire, 16 Ind. 357 (1861) (if defendant is present at commencement of trial and later voluntarily absents himself, the court may proceed to verdict); McCorkle v. State, ......