presence

Act, fact, or state of being in a certain place and not elsewhere, or within sight or call, at hand, or in some place that is being thought of. The existence of a person in a particular place at a given time particularly with reference to some act done there and then. Besides actual presence, the law recognizes constructive presence, which latter may be predicated of a person who, though not on the very spot, was near enough to be accounted present by the law, or who was actively co-operating with another who was actually present

@ presence of an officer

An offense is committed in "presence" or "view" of officer, within rule authorizing arrest without warrant, when officer sees act constituting it, though at distance, or when circumstances within his observation give probable cause for belief that defendant has committed offense, or when he hears disturbance created by offense and proceeds at once to scene, or if offense is continuing, or has not been fully consummated when arrest is made

@ presence of defendant

In the trial of all felonies, the defendant or accused has the right to be present at every stage of the criminal proceeding unless he wilfully and without justification absents himself or by his conduct renders it impossible to conduct the trial. In many states, this rule does not obtain as to misdemeanors. Fed.R.Crim.P. 43 specifies when the presence of the defendant is required and not required

@ presence of the court

A contempt is in the "presence of the court," if it is committed in the ocular view of the court, or where the court has direct knowledge of the contempt

@ presence of the testator

Will is attested in presence of testator if witnesses are within range of any of testator's senses. In re Demaris' Estate, 166 Or. 36, 110 P.2d 571, 585, 586.

See attestation

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