(concurring specially) :
I concur in affirming the conviction. However, the statement that “a trial involving a charge of felony cannot be commenced in the absence of the defendant” is not applicable to the facts of this case, and is therefore unnecessary to this decision.
The statute quoted, Sec. 77-27-3, U.C.A. 1953, must be looked upon in accordance with its purpose: that purpose is to confer a right upon a defendant to be personally present at and during the trial. I know of no reason why a defendant cannot voluntarily waive that right. Moreover, if he *257can waive it during the trial, as the decision holds, I see no reason why he cannot waive it at any time, before, at the commencement, or during. The only precaution that should be required is to make sure that he had the opportunity to be present and that he voluntarily waived the right. The official records of the courts of this State show that this defendant has been many times involved in legal proceedings and is thus fully conversant with what his rights and obligations are. He voluntarily “ran out” on the trial, undoubtedly for the purpose of trying to circumvent the processes of justice. I therefore have no hesitancy in agreeing to the affirmance of his conviction.