Smith, J.,
delivered the opinion of the court.
Appellant was indicted for murder, convicted of mam slaughter, and appeals to this court.
During a part of the examination of one of the witnesses for the state, the defendant was not in the, court room, but- was confined in the county jail, some distance therefrom. Under repeated decisions of this court, this was fatal error.
The judgment of the court below, therefore, must be, .and is, reversed, and the cause remanded.
Reversed and remanded.