People v. Winchell 7 Cow. 525

*The People against Winchell.(a)

ALBANY,

Oct. 1827.

The supreme court will not render judgment against a defendant in a ease ofperjury, though convicted on the civil sido at the circuit, unless he be present in court at the time of judgment.

Sentence of the slightest corporal punishment can not be given in absentia. See note ca~ at the end of this case.

What is corporal punishment. It includes imprisonment. Semi, sentence in absentia can be given only of a fine. id.

The defendant having been indicted in the Oneida general sessions, for perjury, removed the cause into this court by certiorari; so that it stood on the civil side, and was tried at the circuit. The defendant being convicted, the district attorney moved for a capzas against him, he being out on bail. On the 17th of October, the district attorney filed the n'isi prius record, with the postea, &c. The defendant had not been arrested on the capias, nor did he now appear. But,

Talcott, (attorney general,)

moved for judgment in his absence, suggesting that his presence w~s not necessary.