The following excerpt is from Freeman v. United States, 227 F. 732 (2nd Cir. 1915):
The language quoted indicates that in cases of felony one who is in custody is incapable of waiving the right to be present at the trial. And in Lewis v. United States, 146 U.S. 370, 13 Sup.Ct. 136, 36 L.Ed. 1011 (1892), the court declared:
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