39 Ala. 693
Decided January 15, 1866
Supreme Court of Alabama · decided 1866-01-15
<p>[INDICTMENT EOR LARCENY AND EMBEZZLEMENT.]</p> <p>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.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1866-01-15
Cited by 10 later decisions — most recently March 1943
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1It 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.
¶2Let tbe judgment be reversed, and tbe cause remanded; and tbe prisoner remain in custody until discharged by due course of law.