2 Tenn. 71
Tennessee Superior Court for Law and Equity
Decided May 6, 1806
Tennessee Superior Court for Law and Equity · decided 1806-05-06
In this case the prosecutor filed an affidavit, stating that a man who lived in Smith county, was a material witness, that he was not present when the other witnesses were bound over, so as to be bound with them, that he has issued a subpoena but the witness has not attended, &c. Wharton objected, that no reason appeared why the witness was not present when the others were bound over. The cause could not be continued.
Decided 1806-05-06
¶1 There does not appear to be any culpable neglect on the part of the prosecutor, this being the first term at which the bill is found ; beside it is not to be presumed that the prosecutor could well tell what witnesses would be necessary, until he consulted the Attorney General, &c.
¶2 Cause Continued.