Commentary for Sanhedrin 158:14

אמר רבא

— R. Abbahu said in Samuel's name: The Mishnah treats of an unsentenced murderer who became mixed up with other murderers already sentenced, the Rabbis holding that no man can be condemned save<span class="x" onmousemove="('comment',' Even if they are all assembled, it is still regarded as in his absence, since he is unknown. ');">¹²</span> in his presence; therefore they are all freed;<span class="x" onmousemove="('comment',' Lit., 'they complete not the trial of a man'. ');">¹³</span> while R. Judah maintains that they cannot all be exempted, since they are murderers: therefore they are placed in a cell. Resh Lakish said: If this happened to human beings, all agree that they are exempt. But here the reference is to an ox [that had gored] but was as yet uncondemned, which was mixed up with other oxen already condemned. The Rabbis maintain: As the death penalty of its owner, so is that of the ox; therefore an ox [too] can be sentenced only in its presence, hence they are all exempt. But R. Judah rules that they are placed in a cell.<span class="x" onmousemove="('comment',' The reasoning being as before. ');">¹⁴</span> Raba demurred:

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