State v. Dew, 3 N.C. 72, 2 Hayw. 72 (1798)

Oct. 1798 · North Carolina Superior Court

3 N.C. 72, 2 Hayw. 72

State vs. Duncan Dew.

HE was indicted at the last term for-murder, and be now ap-'•pea-red at the bar ; and the attorney-general moved that the sheniFmight be directed to’take him into custody, which the court directed.

Davie moved that he,might be admitted to bail ;

and urged as a circumstance in his favour, that he had voluntarily appeared and offered a number of affidavits taken before justices of peace to shew that he was not guilty of the charge ; and the court read these'affidavits.

Per curiam.

M‘Cay and Haywood

A man 'indicted for murder, cannot be bailed upon affidavits taken ex parte by pe-r-so-.s not authorised to take them ; when a coroner’s inquest finds a man guilty of murder, the court can look into the depositions taken before him, and if they shew that ike jury have drawn wrong inferences, the court may bail the person indicted; but the evidence beiore a grand jury is secret, and the court-cannot know what- the witness swore ; — so we cannot allow bail in the present case.