Superior Court of North Carolina, 1798

State v. . Dew

State v. . Dew
Superior Court of North Carolina · Decided October 5, 1798 · By the Court:
1 N.C. 94
State v. . Dew

Opinion of the Court

It would be entirely irregular to bail a man indicted for murder, upon affidavits taken ex parte, by persons unauthorized to take them.

When a man is found guilty by a corner's inquest, the Court may look into the depositions returned; and if it appear that the jury have drawn wrong inferences, may admit the prisoner to bail; but the secrecy which accompanies the evidence delivered to the grand jury precludes the Court from knowing its amount.

Bail refused.

Cited: S. v. Herndon, 107 N.C. 943.

(95)

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