Hames v. State

• Decision Date: 01 February 1897
• Citation: 113 Ala. 674,21 So. 341
• Parties: HAMES v. STATE.
• Court: Alabama Supreme Court

21 So. 341

113 Ala. 674

HAMES v. STATE.

Supreme Court of Alabama

February 1, 1897

Appeal from circuit court, Jackson county; James A. Bilbro, Judge.

Andrew Hames was convicted of a crime in the second degree, and appeals. Reversed.

J. E. Brown, for appellant.

Wm. C. Fitts, Atty. Gen., for the State.

PER CURIAM.

The judgment of conviction must be reversed, because it is not shown affirmatively by the record that the defendant was present personally in court when the order setting a day for the trial of the cause was made, and when the jurors for the trial were drawn. Spicer v. State, 69 Ala. 159; Sylvester v. State, 71 Ala. 17. The error is fatal to the judgment, and it is unnecessary, and perhaps not proper, to notice the other matters which have been argued by counsel. Let the judgment be reversed, and the cause remanded, and the defendant will remain in custody until discharged by due course of law.