A man indicted for murder cannot be bailed upon affidavits taken ex parte.
THE prisoner having been indicted at the last term for murder, now appeared at the bar, and, upon motion of the Attorney-General, was ordered into the Sheriff’s custody. It was moved by his counsel that he might be admitted to bail, on the ground of having voluntarily appeared, and upon some affidavits taken before Justices of the peace, tending to shew that he was not guilty of the crime.
By
the Court.
It would be entirely irregular to bail a man indicted for murder, upon affidavits taken ex parte, by persons unauthorised to take them.
When a man is found guilty by a coroner’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 courts from knowing its amount.
Bail refused.