snyder com argued november decided january webber henry fielding boston petitioner joseph warner boston commonwealth massachusetts justice cardozo delivered opinion april james kiley shot death gasoline station somerville mass three men garrick donnellon petitioner snyder joined murder attempted robbery led garrick confessed part crime became witness state donnellon snyder tried together sentenced put death jury found upon abundant evidence guilt established beyond reasonable doubt trial appeal snyder made claim refusal trial judge permit present view denial due process law fourteenth amendment constitution judicial massachusetts affirmed conviction writ certiorari brings case opening trial motion commonwealth jury directed view scene crime motion granted granting acted massachusetts statute provides may order view jury impanelled try criminal case general laws ter ed massachusetts appointed counsel donnellon snyder represent respective clients place viewed counsel donnellon moved permitted go client view ask client present jury stated order probably made counsel snyder moved client permitted view scene jury invoking protection federal constitution motion denied jurors placed charge bailiffs duly sworn accompanied bailiffs also judge stenographer district attorney counsel defendants went forth make view first stopping place filling station somerville avenue entering station district attorney pointed jurors particular parts building wished observe asked note window rear position reference entrance position windows right size room angle made partition location objects counsel snyder called attention view within building looking condition floor leaving station front door jury viewed building side street district attorney asked note made driveway right left station three pumps front also width street counsel snyder called attention nature travel setback station roadway particular possibility observing without taking place within visit station jurors taken short distance away asked make note layout streets went back station district attorney saying omitted direct attention lights lights observed dimensions fence front also gasoline pumps district attorney stated middle pump time homicide counsel petitioner answered knowledge subject accept adversary statement thereupon judge guided proceeding stated agreement jurors assembled walk agreed said time offense april two pumps front gasoline station one extreme right painted green one extreme left painted black two one middle blue striping completion view group returned courthouse trial went charging jury judge said form judgment render finding verdict view testimony given witnesses exhibits comprise evidence question whether view absence defendant made demand present denial due process fourteenth amendment commonwealth massachusetts free regulate procedure courts accordance conception policy fairness unless offends principle justice rooted traditions conscience people ranked fundamental twining new jersey rogers peck maxwell dow hurtado california frank mangum powell alabama procedure run foul fourteenth amendment another method may seem thinking fairer wiser give surer promise protection prisoner bar consistently amendment trial jury may abolished walker sauvinet maxwell dow supra central white ann cas wagner electric mfg lyndon indictments grand jury may give way informations public officer hurtado california supra gaines washington privilege incrimination may withdrawn accused put upon stand witness state twining new jersey supra may taken away notice charge adequate opportunity heard defense twining new jersey supra powell alabama supra pages holmes conway cf blackmer assume aid petitioner prosecution felony defendant privilege fourteenth amendment present person whenever presence relation reasonably substantial fullness opportunity defend charge thus privilege confront one accusers face face assured defendant sixth amendment prosecutions federal courts gaines washington supra page prosecutions state courts assured often constitutions present purposes assume privilege reinforced fourteenth amendment though squarely held cf schwab berggren west louisiana diaz ann cas blackmer supra hopt utah distinguished limited frank mangum supra pages cf patton defense may made easier accused permitted present examination jurors summing counsel power present give advice suggestion even supersede lawyers altogether conduct trial see lewis prosecution federal courts circumstances also make like assumption scope privilege created federal constitution diaz supra doubt privilege may lost consent times even misconduct diaz supra cf sir james fitzjames stephen digest law criminal procedure art concern extension unmodified waiver either actual imputed cases thus assumed presence defendant satisfied test put forward moment ago basic decisive bears may fairly assumed bear relation reasonably substantial opportunity defend nowhere decisions dictum still less ruling fourteenth amendment assures privilege presence presence useless benefit shadow said decided distinctly contrary howard kentucky valdez cf frank mangum supra particularly dissenting opinion page underlying principle gains point precision distinction everywhere drawn proceedings trial many motions trial heard defendant absence many motions trial prosecution appeals cf schwab berggren supra lewis supra confusion thought result fail mark distinction requirements respect presence source common law requirements source either expressly implication federal constitution confusion result privilege presence identified privilege confrontation limited stages trial witnesses questioned intended prevent conviction accused upon depositions ex parte affidavits particularly preserve right accused test recollection witness exercise right dowdell see also wigmore evidence vol collating decisions privilege confrontation time without recognized exceptions instance dying declarations documentary evidence dowdell supra cf robertson baldwin motes exceptions even static may enlarged time time material departure reason general rule commonwealth slavski mass cf west louisiana supra far fourteenth amendment concerned presence defendant condition due process extent fair hearing thwarted absence extent thus brought inquiry relation defendant presence view fundamental justice assured constitution outset consider bare inspection nothing view nothing said one direct attention jury one feature another fourteenth amendment assure defendant privilege present time nothing almost nothing gain shred advantage make certain jury brought right place viewed right scene felt doubt examine bailiffs trial learn looked risk lie greater risk attaches testimony anything law like mortal contrivances take chances blinn nelson ann cas chance remote dwindles vanishing point bailiffs bear false witness place shown lie known jury immutable principle justice secures protection defendant shadowy risk argument made conceivably place might changed way material event fact brought appropriate inquiry inquiry witnesses counsel description disclose conditions view defendant witnesses prove conditions nothing though jury indeed record makes clear upon request allowed go afterwards company counsel opportunity ample learn whatever need know risk injustice prisoner shadowy greatest ceases even shadow admits jurors brought right place shown right see substance happened trial photographs diagrams scene homicide put evidence commonwealth placed jury suggestion defendant counsel photographs diagrams truly represent place seen upon view suggestion change except one conceded defendant took stand admitted gasoline station time crime tried reduce grade wrongdoing testifying shot fired codefendant donnellon larceny robbery aim conspiracy course testimony described donnellon movements aid diagram evidence end trial made brief statement jury supplementing argument made counsel sorry said part crime sorry grief caused fire fatal shot nowhere suggestion doubt place like concessions implicit summing counsel argument reminds jurors seen upon view dimensions building shown also diagram place undisputed true denial due process result bare inspection absence defendant question remains whether denial results counsel permitted without statement evidence point particular features scene request jury observe courts massachusetts hold statements thus restricted proper incidents view essential features may pointed counsel witnesses heard comment discussion commonwealth dascalakis mass two attorneys representing commonwealth defendant go view permissible presence officers merely point jury matters things otherwise speak jury id rule massachusetts acts permissible though defendant present id though kept away protest see commonwealth belenski mass followed case bar commonwealth snyder supra determine whether fourteenth amendment prescribes anything contrary obviously difference view every one silent view accompanied request note feature another one degree nothing mere bringing jury particular place whether building room wall bullet hole effect statement place scene offense request examine tacit directions made explicit defendant wronged unless supplement words transforms quality procedure injustice done defendant kept away statements jury pointing specific objects noted traditional accompaniment view two centuries longer fourteenth amendment displaced procedure ages corn exchange bank coler ownbey morgan twining new jersey supra pages early record precedent exhibits remedy action practice place jury charge sworn lead view defendant civil action complained plaintiff shower misbehaved comments jury discharged rule opinion showers may show marks boundaries enlighten viewers may say places trial shall adapt evidence goodtitle clark barnes time views taken criminal cases without consent parties crown well defendant except seems upon indictments maintaining nuisance rex redman kenyon sayer commonwealth handren mass see anonymous chitty cf however statute applicable england wales supplied defect power defect formerly george iv thereafter case civil criminal view might ordered discretion form oath administered showers appears reports thus reg whalley cox crim oath administered swear attend jury well truly point place offence prisoner stands charged alleged committed shall speak touching supposed offence whereof said charged far relates ing place aforesaid see also reg martin crown cases reserved tidd practice vol pp gude crown practice london vol pp cf wigmore evidence vol cases cited also country power order view criminal cases made certain statutes enacted nearly see statutes collated wigmore evidence vol though instances power treated inherent state perry commonwealth knapp pick mass statutes enacted conform generally practice english courts provision made presence judge discretion appointment showers sworn ancient form cf statutes decisions wigmore evidence vol vol see president village brooklyn patchen wend state perry supra page scene explained showers counsel parties defendant gains nothing present view gains bare inspection without explanatory word privilege circumstances certainly constitutional privilege speak showers give suggestions advice see good presence prisoner neither ask answer questions way interfere acts observations conclusions jury people bonney cal fail point anything material may prove fact upon trial ask another view privilege stenographic transcript said done never stage proceeding suggestion fendant counsel need something situation changed prejudice showers instance counsel parties choice counsel purpose roots ancient practice tidd practice vol pp wigmore evidence vol cf far harmful supplies additional assurance nothing helpful either side overlooked upon view true indeed counsel showers defendant may able present give suggestion advice least may assume constitutional immunities privileges depend upon accidents fourteenth amendment say showers liberty absence defendant point things viewed showers counsel liberty happen counsel least defendant must annul practice upon view commonwealth approved judgment courts show particular case practice exposed challenge reasonable possibility injustice done cf rutherford commonwealth howard kentucky supra one read said view light uncontroverted facts established trial even passing thought presence snyder aid defense approach subject viewpoint history clarifies prospect may assume knowledge derived inspection scene may characterized evidence even view part trial sense trial understood common law seen two circumstances first place judge required present view though may go second place practice many years committee jurors usual number six attend view represent whole body see rules laid lord mansfield also provisions act george iv practice made uniform criminal civil cases compare wigmore evidence vol cases cited thought suggest view part jury permissible question us significance none less fact permissible england home principle defendant charged felony privilege confronting accusers present trial certain land maxims genesis carried shores proceeding known trial thought something different proceeding known view transfer view constitutional privileges applicable trial forgetful history fertile source perversion constitutional theory tyranny labels vague precepts fourteenth amendment frames rule general form though wrought pressure particular situations forthwith another situation placed rule fitted words though related faintly reasons brought rule existence defendant criminal case must present trial evidence offered opportunity must advise counsel powell alabama supra accusers dowdell supra commonwealth slavski supra cf felts murphy let words extended little privilege apply stages cause function counsel mechanical formal scene witness deliver message circumstances solution problem found dictionary definitions evidence trials found judgments courts times circumstances presence defendant postulate justice sound solution without answer question whether particular conditions exhibited record enforced absence defendant flagrantly unjust constitution steps forbid subjecting revision action legislature excluding defendant view times conditions revision action judicial department state excluding defendant particular set circumstances justice injustice exclusion must determined light whole record cf howard kentucky supra chicago burlington quincy railroad chicago discretion abdicated contrary record makes clear discretion exercised much made supposed analogy view photograph analogy whatever superficial force partial misleading photograph admissible verified oath photographer must subject manner taking common knowledge camera placed lights shadows adjusted give distorted picture reality need us hold conditions never arise justice outraged view defendant absence enough present purposes arisen statute may invalid applied one state facts yet valid applied another milling bondurant du pont commissioner true action legislative department state laying general rule even plainly true action judicial administrative officers dealing instance cf nectow cambridge view facts totality true indeed constitutional privileges immunities may conferred explicitly leave room inquiry whether prejudice defendant wrought denial saying put aside cases within rule de minimis defendant federal denied opportunity confronted denial privilege overlooked immaterial evidence thus procured persuasive defendant guilt way privileges even though explicit may obviously fundamental bring us result defendant denied opportunity heard defense lost something indispensable however convincing ex parte showing case hand privilege exists explicitly conferred defendant denied opportunity answer defend fourteenth amendment said many words must present every second minute even every hour trial words inflexible taken implied put already advance decision due process law requires proceedings shall fair fairness relative absolute concept fairness reference particular conditions particular results due process clause impose upon duty establish ideal systems administration justice every modern improvement provision every possible hardship may befall ownbey morgan supra page fair one set circumstances may act tyranny others yet held even upon trial absence defendant moments formal documents marked evidence vitiate judgment cf commonwealth kelly need dwell upon measure privilege time conditions whatever may even intimation found decisions denial due process accused excluded view though present every stage proceedings one thing say prevailing practice permit accused accompany jury expresses wish another thing say practice may changed without denial privileges constitution hold light historic concept view something separate trial light shadowy relation defendant presence time ability defend travel far away doctrine hurtado california twining new jersey one episode view must word criticism statement judge one three pumps homicide goes beyond bounds explanation appropriate showers objection score made defendant though minutes proceeding blunder harm hint evidence presence absence pump bearing verdict situation much cases misconduct jury verdict upset cause substantial harm people johnson people dunbar contracting davis another answer convincing insufficient returning view district attorney offered evidence diagram station said jury agreed third pump time offense defendant counsel gave assent acquiescence effect agreement thus renewed confirmed made first time defendant hurt made whether defendant must present view considered state courts varying conclusions nearly always argument directed local constitutions generally provision accused must confronted witnesses sometimes specific mandate present trial never far search books informs us privilege established opposition local practice essential condition due process federal constitution courts put decision ground view part trial state mcginnis idaho freeman commonwealth noell commonwealth benton state ark others held people thorn state rogers washington state state mortensen utah cf state congdon state hilsinger trial remind us appointed held courthouse place designated statute judge magistrate presiding people thorn page view may anywhere courts placing emphasis privilege confrontation thought view equivalent examination witness privilege attendance may even waived noell commonwealth supra state mccausland benton state supra foster state miss state stratton courts held plainly better reason physical objects witnesses even though quality evidence defendant liberty waive privilege view privilege exists people thorn supra elias territory ann cas blythe state ohio state hartley state buzzell cf patton supra still others though conceding possibility waiver uphold privilege present due demand made people bush cal people auerbach carroll state neb state hilsinger supra sasse state chance state people palmer hun massachusetts takes position waiver unnecessary defendant may excluded discretion judge commonwealth belenski supra commonwealth snyder supra also minnesota state rogers supra none cases privilege upheld defendant make claim infringement rights fourteenth amendment decisions federal courts none controlling howard kentucky supra sustained judgment conviction claim denial due process absence defendant discharged juror misconduct substituted another evidence however leading inference waiver defendant counsel diaz ann cas privilege confrontation drew inference waiver defendant willfully absented trial begun cf sir james fitzjames stephen digest law criminal procedure art smellie case crim app reports frank mangum supra found waiver privilege presence rendition verdict none cases concerned procedure view valdez supra considered provision philippine code confers privilege confrontation held consistently therewith scene crime might viewed judge consent defendant counsel though without knowledge client added question waiver pressing privilege confrontation far apply circumstances moreover circumstances case absence defendant plainly immaterial difficult divine inspection added took case presented find moment judge case described view evidence judicial massachusetts said view chief purpose enable jury understand better testimony may introduced commonwealth dascalakis supra even inevitable effect evidence matter label judge may choose give commonwealth handren supra holding many cases wigmore vol et vol collating decisions say defendant may excluded scene tells jury view function give understanding evidence impairment constitutional privileges defendant thus excluded tells jury view part make securities constitution depend upon quiddities cheapen degrade law seen sedulous maintaining defendant charged crime whatever forms procedure essence opportunity defend privileges fundamental inherent every concept fair trial acceptable thought reasonable men kept inviolate inviolable however crushing may pressure incriminating proof justice though due accused due accuser also concept fairness must strained till narrowed filament keep balance true constitution statutes judicial decisions commonwealth massachusetts authentic forms sense justice people commonwealth expresses law supersede ground deny essentials trial opinions may differ policy fairness precepts conduct precious hearts many us immutable principles justice acknowledged semper ubique et ab omnibus otis parker wherever good life subject concern danger criminal law brought discredit even touch great immunities assured fourteenth gossamer possibilities prejudice defendant nullify sentence pronounced competent jurisdiction obedience local law set guilty free judgment affirmed justice roberts petitioner two others charged murder committed attempt rob gasoline station petitioner one codefendants tried together third testified commonwealth dispute three embarked evil enterprise armed denied approached station intent commit either larceny robbery record exhibits grave contradictions fired fatal shot petitioner abandonment common plan shot fired situation size station arrangement contents location size doors windows position surrounding objects vital factors corroboration contradiction varying accounts given testimony three participants jury impaneled sworn district attorney moved view scene murder request granted district attorney made short statement jury telling view premises returned view make fuller opening course colloquy counsel judge latter announced appoint defendants counsel go view representing respective clients counsel petitioner moved client permitted accompany jury view asserting defendant right federal constitution motion denied exception reserved ruling judge official stenographer district attorney counsel defendants accompanied jury scene judge controlled entire proceeding everything said done taken stenographer made part record trial pointing features scene district attorney went beyond mere showing said closely approached argument progress view formulated placed record stipulation changes occurred since shooting charge jury judge said form judgment render finding verdict view testimony given witnesses exhibits comprise evidence case comprise evidence say jury say evidence taking consideration contended outside evidence relative firing conduct parties appearances evidence may gather appearance locality testimony relative result shot course done part surrounding evidence circumstances shall take consideration taken surrounding circumstances consideration say evidence whether withdrawal massachusetts jury observes course view evidence cause tully fitchburg mass said many cases perhaps except assessment damages view allowed pose enabling jury better understand apply evidence given necessarily limited cases view jury must necessity acquire certain amount information may properly treat evidence case commonwealth dascalakis mass prosecution homicide judicial held things thus seen jurors well banished minds view often dispenses necessity detailed description plan word mouth inevitably jury see view utilized reaching verdict sense disclosed view evidence rightly described expressions effect numerous decisions commonwealth handren mass observed knowledge jurors thus acquire evidence case weight knowledge thus obtained may tip scales favor sufficiency evidence sustain verdict thus hanks mass question whether case submitted jury binding direction given said observed jury may materially aided view taken locality compare smith morse mass necessarily follows may instruct jury take consideration saw commonwealth mara mass ruling error part instructions permitted jury consider deciding question observed view commonwealth mercier mass said defendant also excepted statement judge jury see view competent evidence consider error statement judge right jury consider evidence seen view light rulings concretely applied case question whether denial petitioner request present view deprived due process guaranteed fourteenth amendment never occasion pass upon precise point many pronouncements regarding requirements due process seem leave doubt proper resolution issue concept due process technical form disregarded substantial rights preserved whatsoever proceeding whether affect property liberty life fourteenth amendment commands observance standard common fairness failure observe offend men sense decencies proprieties civilized life fundamental due process without reasonable notice fair hearing though usual customary forms procedure disregarded hearing may less fair safeguards defendant substantial rights need adopt particular form prescribe one method adhere set mode selecting triers fact conform modern conditions may substitute new form procedure one long practiced recognized whatever form method procedure adopted remain always subject prohibition commonly thought essentially unfair afforded hearing tested principle trial issue beyond claim participation judge affected personal interest result forcing trial pressure mob deprivation right present evidence bearing adjudged deny due process recently decided trial capital offense due process includes right accused represented counsel trial essence due process trial respects prisoner right presence constitutional sense include formal procedure indictment preliminary steps antecedent hearing merits stages litigation rendition verdict comprehend inquiry ordained trier fact beginning end speaking generally administration criminal justice throughout nation leading principle pervades entire law criminal procedure indictment found nothing shall done absence prisoner enforcing mandate territorial statute language relation citizen holds public object punishment public wrongs legislature deemed essential protection one whose life liberty involved prosecution felony shall personally present trial every stage trial substantial rights may affected proceedings deprived life liberty without present deprivation without due process law required constitution allay apprehensions people lest federal government invade liberties first ten amendments constitution adopted sixth assures one accused crime prosecuted federal law shall public trial informed nature cause accusation confronted witnesses assistance counsel defense purpose trials state well national tribunals lack quality fairness evidenced embodiment guaranty similar import constitution every state union excess caution fundamental law many specifically safeguards right accused appear defend person mere differences phraseology obscured fact instruments intended secure great fair hearing accordingly courts uniformly invariably held sixth amendment respects federal trials analogous declarations right state constitutions touching trials state courts secure accused privilege presence every stage trial declared commenting upon section philippine civil government act extends accused criminal prosecutions right heard counsel stat said identical similar provision found constitutions several substantial alent embodied amendment constitution cases felony courts substantial accord regarded right granted extending every stage trial inclusive empaneling jury reception verdict scarcely less important accused right trial make assurance doubly sure legislatures many adopted statutes redundant constitutional mandate explicitly declaring right accused present trial light universal acceptance fundamental rule fairness prisoner may present throughout trial matter assumption certainty fourteenth amendment guarantees observance rule urged prisoner privilege presence purpose safeguard opportunity adverse witnesses privilege goes deeper mere opportunity secures right present every stage trial cases cited means exhausting authorities sufficiently illustrate amply sustain proposition right fundamental assures stands jeopardy may person see hear know placed tribunal power finding deprive liberty life tedious unnecessary quote language used vindication privilege books full discussions subject accused witnesses suggested reason may excluded room give evidence documents physical exhibits documents plans maps photographs clothing worn victim perpetrator alleged crime weapon used material objects may potent word mouth carry conviction jury minds physical appearance scene crime reason apparent accused may excluded view may also excluded courtroom documentary physical evidence proffered examined jury opportunity witnesses one many reasons defendant presence throughout trial state save commonwealth massachusetts cases save recently decided privilege fundamental nature right preserves questioned denied cases right presence exists every step trial whether giving oral testimony submission document presentation physical exhibits argument counsel charge rendition verdict successfully contended sixth amendment application trials state courts fourteenth draw embody provisions state constitutions patterson colorado due process secured fourteenth amendment embrace right secured instruments powell alabama supra argument conclusion difficult right counsel specifically preserved sixth amendment also within intendment due process clause fourteenth answered thus chicago burlington quincy chicago held judgment state even though authorized statute private property taken public use without compensation violation due process law required fourteenth amendment notwithstanding fifth amendment explicitly declares private property shall taken public use without compensation holding followed norwood baker smyth ames san diego land town national city considered freedom speech press rights protected due process clause fourteenth amendment although first amendment congress prohibited cific terms abridging right gitlow new york stromberg california near minnesota rule aid construction instances may conclusive must yield compelling considerations whenever considerations exist fact right involved character denied without violating principles liberty justice lie base civil political institutions hebert louisiana obviously one compelling considerations must prevail determining whether embraced within due process clause fourteenth amendment although specifically dealt another part federal constitution pages view premises crime alleged committed part process submission data triers fact upon judgment founded knowledge thereby gained play part oral testimony written evidence striking balance state prisoner part trial true constitution secures accused presence conclusion courts save massachusetts agree difference view authorities exhibit prisoner right present view arises disagreement question whether view part trial whether effect taking evidence great weight authority forms part trial reason defendant desires entitled present many decisions hold may waive privilege examination cases discloses none single possible exception denial request accompany jury view held reversible error statements view part trial taking evidence denying ground defendant right present invariably found cases defendant requested view ask accompany jury waived either expressly conduct right statements dicta since accused waived whatever right moreover several opinions deny right said prisoner always allowed accompany jury requests true disagreement nature function view one hand assertion purpose merely acquaint jury scene thus enable better understand testimony hence forms part trial taking evidence suggestion jury bound carry mind see form judgment knowledge obtained view amounts taking evidence distinction seems fine practical purposes however may discussion abstract question unimportant case like present view held evidence jury expressly instructed respondent urges whatever may petitioner right record demonstrates suffered harm reason absence argument far convincing light circumstances rule announced respects use jury liberty make knowledge gained view premises clear verdict affected knowledge gained view result appellant present still denial constitutional right condoned convert inquiry one denial right one prejudice suffered denial pivot affirmance question amount harm done accused beg constitutional question involved substance defendant right present hypothesis unfair exclude recently said respect disregard mandate sixty amendment respecting trial jury constitutional question thus settled simple process ascertaining infraction assailed unimportant compared similar serious infractions might conceived province measure extent constitution contravened ignore violation opinion relatively bad might distinction always observed meaning due process affecting property rights applying procedure courts former aspect requirement satisfied actual injury inflicted substantial rights citizen infringed result rather means reaching important consideration conduct trial involved guaranty fourteenth amendment result shall obtained result whatever shall reached fair way procedural due process manner trial dictates conduct judicial inquiry certain fundamental rules fairness observed forbids disregard rules satisfied though result hearing unfair case view part trial jury sent scene custody bailiffs knowledge place circumstances crime instructed view premises better understand testimony went forth judge presiding stenographer officiating district attorney counsel defendants shown mere view premises matters called jury attention detail form judgments distance relative position alignments objects crucial bearing upon truthfulness testimony subsequently given told might take estimates matters corroboration contradiction evidence little wonder circumstances felt right appoint defendants counsel accompany jury view prisoners entitled protection token entitled present think petitioner deprived constitutional right judgment reversed justice brandeis justice sutherland justice butler concur opinion footnotes law massachusetts homicide murder first degree committed deliberately premeditated malice aforethought commission attempted commission crime punishable homicide imprisonment life robbery one armed dangerous weapon crime punishable larceny attempted larceny general laws ter ed mass said hopt utah supra schwab berggren supra subject presence defendant dictum see opinion may say lewis supra added observation deals rule common law constitutional restraints decisions state courts conviction stand even though rulings made trial absence defendant appears possibility resulted hurt whittaker state ark lowman state pennsylvania held commonwealth kelly supra burden defendant show probability injury cases relating procedure view confused cases defendant absent examination witnesses charge judge examples cases slocovitch state people beck state hutchinson la duffy state md state jackson mont state dixon state schasker state chandler express statutory constitutional requirement presence trial requirement clear leave little room construction one gone far require presence defendant upon motion new trial state hoffman mo opposition judgments schwab berggren lewis supra rule crime grade misdemeanor see santos page shelton gray state cf hopt utah supra page following outstanding instances volpe ready volpe first stand gentlemen take look inside gasoline station step please following occurred inside filling station volpe gentlemen call attention glass indicating window indicating back window filling station position glass ask look relative position entrance especially right left coming door oil tank right window two windows right building want take note size room telephone two doors one side telephone take note also location gas tank back door desk left also look window back notice gravel yard fence volpe want take view side sidewalk location note driveway right gas station left two pumps three pumps noticing distance pumps entrance gas station like come take look gas station sits back jury taken across street opposite sidewalk volpe want get look whole layout righthand entrance lefthand entrance car standing take particular notice width street stand notice bridge going towards union square right left driveways occurred shown notes follows volpe middle pump time agreed pumps two outside pumps middle blue one volpe yes honor state jury left bus assembled sidewalk agreed time offense april two pumps front gasoline station one extreme right painted green one extreme left painted black two one middle blue striping also suggested jurors look street lights corner indicating situation lights street trial certain plans put evidence judge said jury saw taken equally evidence hurtado california louisville nashville rd schmidt simon craft holmes conway hagar reclamation district hooker los angeles twining new jersey hurtado california supra caldwell texas bolln nebraska barrington missouri walker sauvinet maxwell dow jordan massachusetts brown new jersey howard kentucky rawlins georgia hurtado california supra pages twining new jersey supra page windsor mcveigh standard oil missouri ann cas tumey ohio moore dempsey saunders shaw powell alabama traditions bills rights federal state constitutions state legislation decisions courts nation unite testimony privilege accused present throughout schwab berggren dowdell hopt utah lewis diaz ann cas lewis supra page hopt utah supra page two california nevada constitutions omit reference right accused confront witnesses omission supplied statute cal stats ch penal code nevada compiled laws vol arizona const art california const art colorado const art idaho const art illinois const art kansas const bill rights missouri const art montana const art nebraska const art nevada const art new mexico const art amended new york const art north dakota const art ohio const amended art south dakota const art utah const art washington const art wyoming const art diaz supra page la code crim proc dart art ann laws vol ch comp laws michigan vol ch revised codes montana vol part ch nevada comp laws vol new york code crim proc cahill par dak comp laws vol code laws south carolina vermont general laws virginia code pierce washington code wisconsin statutes wyoming revised statutes slocovitch state whittaker state ark lowman state chance state people beck batchelor state ind state reidel iowa riddle state hutchinson la duffy state md comm cody mass state dingman foster state miss state hoffman mo state jackson mont miller state neb state duvel law people perkins state dixon state schasker cole state state chandler gray state schafer state state mannion utah palmer state shutzler state howerton see cases cited notes benton state ark people bush cal cal washington state chance state state mcginnis idaho freeman state bertin people auerbach ann cas semble bailey state miss carroll state neb colletti state ohio app watson state state mortensen utah noell state hilsinger state mccausland whitley state ark people searle haynes state state stratton state hartley colletti state ohio app starr state state congdon jenkins state wyo elias territory shular state ind see barber state ind state rogers people thorn state sing comm van horn state collins case apparently decision right contains mere statement subject without reference occurrences trial probably based upon waiver cites authority state suber clear case waiver case apparently stands alone compare cases cited note following jenkins state wyo state hartley people thorn starr state state lee doon patton