In criminal cases the presence of the prisoner may be waived (a) if the defendant is in custody and consenting thereto, or (b) is on recognizance or bail, has been arrested and escaped, or has been notified in writing by the proper officer of the pendency of the indictment against him, and resisted or fled, or refused to be taken, or is in any way in default for nonappearance, the trial may progress at the discretion of the court, and judgment made final and sentence awarded as though such defendant were personally present in court.
Miss. Code Ann. § 99-17-9
Trial in the absence of accused
Applied in 30 court decisions — leading case 767 So. 2d 986 - Davis v. State (2000)
Most recently applied in 267 So. 3d 264 - Alvin C. Wilson v. State of Mississippi (April 2019)
Codes, 1857, ch. 64, art. 303; 1871, § 2807; 1880, § 3075; 1892, § 1422; 1906, § 1495; Hemingway’s 1917, § 1253; 1930, § 1276; 1942, § 2519; Laws, 2005, ch. 456, § 1, eff from a…
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.