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eBook details

• Title: Morgan v. Greenwaldt
• Author : Mississippi Supreme Court
• Release Date : January 24, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Criminal Law — Robbery — Evidence — Sufficiency — What not Part of Trial Requiring Presence of Defendant — Inspection of Exhibits by Jury in Jury-room — Discretion. Robbery — Evidence of Taking of Money from Person of Prosecuting Witness Held Sufficient — Presumptions. 1. Under the rule that once a fact is established, it is presumed to have remained as proven to exist until the contrary is shown, held, in a prosecution for robbery, in which defendant on appeal contended that the felonious taking of a sum of money from the person of the complaining witness had not been proven, that evidence that defendant knew that the witness nine days before had placed his wallet containing the money in his inside vest pocket where he kept his money, which pocket had been cut out after the witness had been knocked down, etc., was sufficient to establish the taking. Same — Proceeding Leading to Granting of Permission to Jury to Inspect Exhibits Other Than Those Authorized by Statute in Jury-room, not Part of Trial Requiring Presence of Defendant — Discretion. 2. Section 11931, Revised Codes 1921, requires the personal presence of the defendant at the trial in felony cases. After the jury had retired to the jury-room for deliberation of their verdict they requested that certain exhibits consisting of a gun, a pair of shoes and other articles found in defendants room, be sent to them. While defendant was not present in the courtroom, his counsel gave his consent. Held, that the proceeding did not constitute a part of the trial and therefore defendants presence was not required, and that defendants counsel having given his consent, the court did not abuse its discretion in complying with the jurys request, even though the exhibits were not of the nature of those authorized by section 12011 to be taken to the jury-room.

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