5 S.C.L. 89
Supreme Court of South Carolina
Decided December 3, 1812
Supreme Court of South Carolina · decided 1812-12-03
This case is stated in the following opinion of Judge Beevaed. For the prisoner, it was contended, that the judges of the Court of General Sessions have a discretionary power to bail in every case, as the Judges of the King’s Bench in England have, except in cases of commitment by Parliament for contempt. 4 Bl. Com. 398. 2 Hawk. 176. Cowp. 333. And that the judge ought to have considered and decided on the affidavits produced.
Decided 1812-12-03
¶1of the same opinion, except in extraordinary cases, where there is a contagious distemper in the prison, &c.
¶2were of opinion the court ought to exercise a discretion in considering and deciding on affidavits produced, although they may tend to controvert the finding of the jury : but Nott, and Colcock, Js., were of opinion that the judge had done so in this case. He refused to héar the affidavits read.