101 Ind. 512 | Ind. | 1885
The charging part of the indictment reads as follows: “ Jonathan W. Heath, late of said county, on the 13th day of August, 1880, at the county and State aforesaid, did then and there, two head of cattle, commonly called steers,
The failure of the clerk to enter the indictment in the -order-book can not be made the ground of a motion to quash.
The omission of the clerk to record the indictment in the order-book did the appellant no injury, and supplies him with no valid ground for a reversal.
A recital in the record, that the grand jury come into open •court and present an indictment, followed by an indictment, is sufficient to show its due return. Mathis v. State, 94 Ind. 562.
The verdict against the appellant was returned on the 18th •day of October, 1882. The appellant’s counsel state in their brief, that “ after the verdict was rendered, and before judgment was pronounced, the defendant fled and made default •on his bond, but was re-arrested in July, 1884, and brought before the court at its next session, to wit, the October term, 1884, when he filed his motion for a new trial.” It is doubtful whether a defendant who flees, and remains beyond the jurisdiction of the court for two years, has a right to file a motion for a new trial, for to tolerate such a practice would put the State at great disadvantage, and open the door to flagrant abuses. Sargent v. State, 96 Ind. 63. But, granting that he may file such a motion, we think that he can not at so late a day secure any valid exceptions to the rulings on the trial, and can take no effective bill of exceptions. The .statute provides that “ Exceptions must be taken at the time of the trial.” R. S.-1881, section 1847. It seems clear that
An accused may waive his constitutional right to be present at the trial by fleeing from the process of the court. This-subject is discussed in an article on “ Waiver of Constitutional Rights in Criminal Cases,” in a recent number of the Criminal Law Magazine, where many authorities are collected. 6 Crim. Law Mag. 182, vide auth. n. 186. McCorkle v. State, 14 Ind. 39. If the defendant may waive a constitutional right by absconding, he certainly does waive a statutory right by such an act.
Judgment affirmed.