GIBSON (a freedman) vs. THE STATE

GIBSON (a freedman) vs. THE STATE. [INDICTMENT EOR LARCENY AND EMBEZZLEMENT.] 1. Personal presence of prisoner m court when sentence is pronounced. — To sustain a judgment on conviction of a felony, the record must affirmatively show that the prisoner was personally present in court when sentence was pronounced against him. Ebom the Circuit Court of Pike. Tried before tbe Hon. J. McCaleb Wiley. John A, Elmore, for tbe prisoner. Jno. W. A. Sanford, Attorney-General, contra. [MAJORITY — BYRD, J.] BYRD, J. It does not appear from tbe record that tbe prisoner was present when sentence was pronounced; and on tbis ground tbis cause must be reversed; and as tbe other questions raised on tbe record are not likely to arise on another trial, in tbe same form, we will not express our opinion upon them. Let tbe judgment be reversed, and tbe cause remanded; and tbe prisoner remain in custody until discharged by due course of law.