United States Circuit Courts, 1797

Smythe v. Banks

Smythe v. Banks
United States Circuit Courts · Decided April 15, 1797 · Iredell, Peters
4 U.S. 286 (United States Reports)
Smythe v. Banks

Opinion of the Court

By the Court.

— The witness is, undoubtedly, privileged from arrest for a reasonable time, to prepare for his departure, and return to his home, as well as during his actual attendance upon the court. But the privilege does not extend throughout the term at which the cause is marked for trial; nor will it protect him, while the witness is engaged in transacting his general private business, after he is discharged from the obligation of the subpoena.

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