Steele v. Commonwealth

Judge Ewing taking no part in the decision, as he was not present at the hearing.

Hiram Steele, who was recognised to answer an indictment for unlawfully setting up and keeping a gaming table, having ; failed to appear, his recognisance was, at the instance of his surety, respited; and a jury, sworn “to try the case” having returned a verdict of “guilty,” the Court rendered a judgment for five hundred dollars penalty.

This appeal, prosecuted to reverse that judgment, presents three questions: first — was it proper to “try the case” in the appellant’s absence? second — did the Circuit Judge err…