Stubbs v. State

Citations

• 49 Miss. 716

Syllabus

<p>1. Records — Trial in Criminal Oases. — The verdict in criminal cases must be delivered in open court, and in tlie presence of the accused, and this rule is founded on two reasons: 1st. The right of the accused to he present, and to see that the verdict is santioned by all the jurors. 2d. In order that the i.ccused, if convicted, may bo under the power of the court, and subject to its judgment.</p> <p>2. Right op Dependant to be present. — The right of the defendant to be present, proceeds upon the presumption, that he is in custody, and has no power to be present, unless ordered by the court, to be brought into court. Where the defendant is under recognizance, he may-waive his right tobe present; his own illegal act should not be permitted to thwart the process of the law to his advantage. Price’s case, 36 Miss., 531.</p> <p>3. Record- -WHAT it must Snow. — The record must show affirmatively those indispensable facts, withoutwhich the judgment would be void. Suchas the organization of the court; its jurisdiction of the subject matter, and of the parties ; that a case was made up for trial; that it was submitted to a jury sworn to try it; that a verdict was rendered, and judgment awarded; and out of abundant tenderness for the right secured to the accused by our constitution, to be confronted by the witnesses against him, and to be heard by himself or counsel. Our court say, that it must be shown by the record that the accused was present in court pending the trial. Nothing can be presumed for or against a record, except what appears substantially upon its face. Wolfe & George v. Martin, 1 Plow., 30.</p>