Section 545 of the Code of Criminal Procedure is mandatory. When a judgment of conviction is reversed, unless a new trial is granted, the appellate court must direct, if the defendant be in custody, that he be discharged; if not, that his ball be exonerated or the money deposited in lieu thereof be returned. The error in the disposition of this case was made in the order of this court, which, assuming that the defendant was in custody, directed his discharge, while the defendant being as a matter of fact on bail, it should have directed that his bail be exonerated. But under section 549 of the Code, after the judgment of this court is remitted, we have no further jurisdiction on the appeal; and, therefore, before we can correct the error we must obtain a return of the remittitur. The clerk is directed to respectfully request the County Court of Orange county to return the same.