NICHOLS, Justice.
In a jury trial the Defendant, Terrance L. Mihill, was convicted in Superior Court in Cumberland County of burglary (17-A M.R. S.A. § 401) and theft (17-A M.R.S.A. § 353). Upon appeal, he asserts that the presiding justice erred in continuing the trial in his absence, in accepting during the trial a stipulation in which his then attorney joined,
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