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1 N.C. 94

State v. . Dew

Superior Court of North Carolina

Decided October 5, 1798

Superior Court of North Carolina · decided 1798-10-05

Relies on State v. . Herndon

Decided 1798-10-05

¶1It would be entirely irregular to bail a man indicted for murder, upon affidavits taken ex parte, by persons unauthorized to take them.

¶2When 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.

¶3Bail refused.

¶4Cited: S. v. Herndon, 107 N.C. 943.

¶5(95)

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