39 Ala. 357 | Ala. | 1864
Two well-defined principles of law render it necessary that the judgment pronounced by the circuit court in this case be reversed : first, that judgment cannot be given against any man, in his absence, for a corporal punishment;' and, second, that the record must affirmatively show the prisoner’s presence.—Kelly v. State, 3 Smedes and Mar. 518-28; Cole v. State, 5 English, (Ark.) 324-5; State v. Hughes, 2 Ala. 104; People v. Perkins, 1 Wendell, 91; Rex v. Duke, 1 Salk. 400; Dunn v. Commonwealth, 6 Barr, 384; Jacobi v. Commonwealth, 5 Serg.
There is nothing in the present record which tends to show that the defendant was present when the sentence of imprisonment was pronounced, — some eight days after the verdict of the jury was rendered.
Beversed in part, and remanded.