Inability of counsel to move for continuance because counsel does not know reason for client's absence.

- If counsel, because counsel does not know the reason for the client's absence, is unable to make the requisite formal and proper motion for continuance, the trial judge may assume that the defendant has voluntarily been absent from the trial, thereby waiving the defendant's confrontation rights. Smith v. State, 139 Ga. App. 515, 228 S.E.2d 705 (1976).

Voluntary absence of accused.

- When an accused is present at the beginning of the trial, but thereafter voluntarily is absent from the proceeding, the defendant waives the defendant's right to be present at the remainder of the trial. Stell v. State, 210 Ga. App. 662, 436 S.E.2d 806 (1993).

Surety should be allowed to prove that principal is absent because of providential cause. Russell v. State, 45 Ga. 9 (1872).

Court may deny continuance when defendant in poor physical condition.

- When the defendant is unable to withstand the rigors of trial because of the defendant's physical condition and it appears that the defendant will not be in better condition at the next trial term, the trial court may properly deny the continuance and proceed with the trial; while it may not fairly be said that the defendant bears any culpability for the illness, neither may it be said that the state has in any way prevented the defendant from appearing and defending oneself. Dasher v. State, 157 Ga. App. 664, 278 S.E.2d 465 (1981).

Cited in Mell v. State, 69 Ga. App. 302, 25 S.E.2d 142 (1943); Hammond v. State, 303 Ga. App. 176, 692 S.E.2d 760 (2010).

C.J.S.

- 17 C.J.S., Continuances, §§ 40, 50.

ALR.

- Continuance of criminal case because of illness of accused, 66 A.L.R.2d 232.

Sufficiency of showing defendant's "voluntary absence" from trial for purposes of state criminal procedure rules or statutes authorizing continuation of trial notwithstanding such absence, 19 A.L.R.6th 697.