People v. Equitable Gas Light Co.

Smyth, Recorder.

The Code of Criminal Procedure, section 296, provides, that when an indictment is filed, the defendant must be arraigned thereon, before the court in which it is found, or before the court to which it is sent' or removed.

If the indictment be for a felony, the defendant must-be personally present when arraigned; but if for a misdemeanor only, his personal appearance is unnecessary, and he may appear upon the arraignment by counsel. Section. 29 Y. When his personal appearance is necessary, if he be-in custody, the court may direct him, to be brought before^ *190it by the officer in…