On trial for felony, accused to be present; when court may enter plea for him, and trial go on (§ 19.2-259)—Virginia Decoded

On trial for felony, accused to be present; when court may enter plea for him, and trial go on

A person tried for felony shall be personally present during the trial. If when arraigned he will not plead or answer and does not confess his guilt the court shall have the plea of not guilty entered and the trial shall proceed as if the accused had put in that plea. But for the purposes of this section a motion for a continuance, whether made before or after arraignment, shall not be deemed to be part of the trial.

History

Code 1950, § 19.1-240; 1960, c. 366; 1975, c. 495.

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Court Decisions

Head v. Com. (COA, 09/16/86)
. . . be present during his trial, pursuant to Code § 19.2-259; and (3) whether Head waived his right to . . .

Quintana v. Com. (SCV, 09/09/82)
. . . be present "during the trial." Code § 19.2-259. While we have held that "the accused cannot…trial . . .

Jones v. Com. (SCV, 06/15/84)
. . . Justices. . . .

Sisk v. Com. (COA, 11/18/86)
. . . present. To have done so would contradict Code § 19.2-259 which provides: "A person tried for . . .

Bilokur v. Com. (SCV, 10/10/80)
. . . constitutional right of confrontation. . . .

Moreno v. Baskerville (SCV, 01/13/95)
. . . so he was tried on pleas of not guilty. Code § 19.2-259. . . .

Hunter v. Com. (COA, 09/24/91)
. . . two sources, the sixth amendment[1] and Code § 19.2-259."[2]Head v. Commonwealth, 3 Va.App. 163, . . .

Ellis v. Com. (SCV, 06/15/84)
. . . that this action violated his right under Code § 19.2-259 to be "personally present during the . . .

Remington v. Com. (SCV, 09/14/01)
. . . common law right and right under . . . Code § 19.2-259 in that [he] was absent from the courtroom . . .

Graham v. Com. (COA, 03/07/00)
. . . Constitution, Article 1, Section 8, and Code § 19.2-259.[4] . . .

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