(Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.

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  5. (Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.

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23A-39-2.(Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.

The further progress of a trial to and including the return of a verdict shall not be prevented whenever a defendant who was initially present:

(1)In noncapital cases, voluntarily absents himself after the trial has commenced; or

(2)Engages in conduct which justifies his being excluded from the courtroom.

Source: SL 1978, ch 178, §486.


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