Wheeler, J. There manifestly is a fatal variance between the recognizance and scire facias as respects the offence. And we do not think the recital in the entry of judgment sufficient to warrant the Court in holding the objection to have been waived, when it nowhere appears that the defendant was in Court, or that he was represented by any attorney, who undertook to appear and make defence for him. The judgment is reversed and the cause remanded. Reversed and remanded.