¶1 We think it is discretionary with the Court to hear the excuse of the witness at the first Term, and that it is proper to do so, unless it be shewn that the State would receive some injury thereby; and in that case, the excuse ought not to be heard until the succeeding Term.
5 N.C. 269
State v. . Herndon
Supreme Court of North Carolina
Decided July 5, 1809
Supreme Court of North Carolina · decided 1809-07-05
From Wake. . The Defendants were bound in recognizance to give qvidence in behalf of the State against George Evans, upon.an indictment in Wake County Court, and being called, failed to appear j whereby they incurred the forfeiture of twenty pounds each, and judgment nisi was entered against them. During the same term at which they were so called out, they came before the Court personally, and made application for a remission of said forfeiture.
Decided 1809-07-05