State v. Poynter

LEE,. J.,

Dissenting. — Upon rehearing, appellant’s counsel stated, and the statement is supported by the record, that the former judgment of conviction, as well as the plea of guilty upon which it was founded, and which judgment is the basis of this felony charge, was entered in the absence of defendant, and I therefore adhere to my view that the errors pointed out in the majority opinions were not waived, that they are prejudicial, and that the cause should be reversed.