(a) (1) If the indictment is for a felony, the defendant must be present during the trial.
(2) (A) (i) If he or she escapes from custody after the trial has commenced or is present at the beginning of the trial and then causes himself or herself to be unable to appear at trial or if on bail shall absent himself or herself during the trial, the trial may either be stopped or progress to a verdict at the discretion of the court.
(ii) This provision shall apply in all instances except where the death penalty is sought.
(B) However, judgment shall not be rendered until the presence of the defendant is obtained.
(b) If the indictment is for a misdemeanor, the trial may be had in the absence of the defendant.
Section: Previous 16-89-102 16-89-103 16-89-106 16-89-107 16-89-108 16-89-109 16-89-110 16-89-111 16-89-112 16-89-113 16-89-114 16-89-115 16-89-116 16-89-117 NextLast modified: November 15, 2016