
    The People v. Dessús.
    Appeal from the District Court of Ponce.
    No. 38.
    Decided November 6, 1903.
    Triad. — Right of Accused to be Present. — A defendant charged with a criminal offense has a right to he present during the proceedings either in person or by counsel, and a trial and judgment had in his absence will he reversed on appeal.
    STATEMENT OF THE CASE.
    This appeal pending before us, was taken by Luis Felipe Dessús, from the decision of one of the judges of the District Court of Ponce, denying the application for a writ of habeas corpus made on behalf of said accused.
    Luis Felipe Dessús, having been convicted on the 11th of May last, by the District Court of Ponce, of a misdemeanor for illegal imprisonment and sentenced to pay a fine of five hundred dollars, in default whereof he was commited to jail, applied to one of the judges of aforesaid court for a writ of habeas corpus, in order that an investigation might be made as to the cause of his imprisonment which he claimed was illegal, alleging, among other reasons, that he had been tried and sentenced in his absence and in the absence of his attorney, notwithstanding the latter had asked tor a continuance of the trial, and a similar request had been made by the former, because of illness.
    The writ of habeas corpus having been issued and returned, it appears that the District Court of Ponce refused to continue the trial as requested by Luis Felipe Dessús and his attorney, overruling the reasons urged therefor, and that Dessús was tried and 'sentenced, neither himself nor his attorney being present at the trial.
    On the 8th of July last the petition for the writ of habeas corpus was dismissed, and from this decision Dessús took an appeal which has been duly heard in this Supreme Court.
    
      Messrs. Horton and Cornwell, for appellant.
    
      Mr. del Toro, Fiscal, for respondent.
   Opinion of the Court.

We have read paragraph 1 of section 483 of the Code of Criminal Procedure. Among the rights allowed the accused by section 11 of the Code of Criminal Procedure, which rights are fundamental and essential, iathat of being allowed eonnsel, or to appear and defend in person and with counsel.

. Luis Felipe Dessús having been tried and sentenced by the District Court of Ponce for the crime of illegal imprisonment, without his appearance at the trial, either in person, or by counsel, although both had signified their desire to be present by the mere fact of their asking for a continuance,, whether or not the reasons alleged therefor were real and just, said court violated aforesaid right, and consequently overstepped its jurisdiction, and went beyond the limits marked by the law.

Although section 179 of the Code of Criminal Procedure prescribes that when the prosecution is for a misdemeanor the trial may be had in the absence of the defendant, this-provision does not authorize the trial court to proceed with the trial in cases like the one under consideration, not only without the presence of the defendant, but of the attorney who had appeared on his behalf in the proceedings.

Tne order appealed from, made on July 8 last,, denying the application for the writ of habeas corpus made by Luis Felipe Dessfis, is hereby reversed. In lieu thereof, the prisoner is ordered to be definitely discharged and that such bond as may have been funished by him, be canceled. The record is directed to be returned to the District Court of Ponce, to which this decision shall be communicated for compliance herewith.

Reversed.

Chief Justice Quiñones, and Justices Hernández, Figueras, Sulzbacher and MacLeary, concurred.  