Texas Code of Criminal Procedure - Article 33.03. Presence Of Defendant
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Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 33.03. Presence Of Defendant
Art. 33.03. [580] [646] [633] PRESENCE OF DEFENDANT. In all
prosecutions for felonies, the defendant must be personally present
at the trial, and he must likewise be present in all cases of
misdemeanor when the punishment or any part thereof is imprisonment
in jail; provided, however, that in all cases, when the defendant
voluntarily absents himself after pleading to the indictment or
information, or after the jury has been selected when trial is
before a jury, the trial may proceed to its conclusion. When the
record in the appellate court shows that the defendant was present
at the commencement, or any portion of the trial, it shall be
presumed in the absence of all evidence in the record to the
contrary that he was present during the whole trial. Provided,
however, that the presence of the defendant shall not be required at
the hearing on the motion for new trial in any misdemeanor case.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1979, 66th Leg., p. 1832, ch. 745, Sec. 1, eff. Aug.
27, 1979.
Article: 31.09 32.01 32.02 32A.01 33.01 33.011 33.02 33.03 33.04 33.05 33.06 33.07 33.08 33.09 34.01
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Last modified: August 10, 2007
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