39 Ala. 693
Ala.1866It 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.