State v. Atkins

Mar 6, 1807
Reporters:
Before:
<italic>Per Curiam.</italic>
Per Curiam.

The testimony cannot be received. In England, in crimininal cases other than informations for misdemeanors, ‍​​​​‌‌‌​​​‌​​‌​‌‌​‌​​​​‌‌​​‌‌​‌‌​‌​​‌‌‌‌​​​​​​‌​‌​​​​​‌​​‌‌​​‌‌​‌​​​​‌‌‌‌​‌‌​‌​‌‌​‌‌‌​​‌‌​‌​‌​‌‌‍it could not. No case in point is recollected in the books.—The principal reason is that trials at Nisi Prius, where agreeably to Magna Charta, witnesses are confronted, are not generally reported. Though no cases ‍​​​​‌‌‌​​​‌​​‌​‌‌​‌​​​​‌‌​​‌‌​‌‌​‌​​‌‌‌‌​​​​​​‌​‌​​​​​‌​​‌‌​​‌‌​‌​​​​‌‌‌‌​‌‌​‌​‌‌​‌‌‌​​‌‌​‌​‌​‌‌‍in point have been produced, we understand that evidence could not be received agreeably to Magna Charta. All inferior offences, are tried in our county courts and even petit larceny where limb is effected, but ‍​​​​‌‌‌​​​‌​​‌​‌‌​‌​​​​‌‌​​‌‌​‌‌​‌​​‌‌‌‌​​​​​​‌​‌​​​​​‌​​‌‌​​‌‌​‌​​​​‌‌‌‌​‌‌​‌​‌‌​‌‌‌​​‌‌​‌​‌​‌‌‍the parties have a right of appeal to this court ; frequent deaths may take place between the trial there and here, and it seems to us, that it would ‍​​​​‌‌‌​​​‌​​‌​‌‌​‌​​​​‌‌​​‌‌​‌‌​‌​​‌‌‌‌​​​​​​‌​‌​​​​​‌​​‌‌​​‌‌​‌​​​​‌‌‌‌​‌‌​‌​‌‌​‌‌‌​​‌‌​‌​‌​‌‌‍be dangerous to liberty to admit such evidence. It would go a great length in overthrowing this wise provision of the constitution. An inconvenience which could not exist in England, where ‍​​​​‌‌‌​​​‌​​‌​‌‌​‌​​​​‌‌​​‌‌​‌‌​‌​​‌‌‌‌​​​​​​‌​‌​​​​​‌​​‌‌​​‌‌​‌​​​​‌‌‌‌​‌‌​‌​‌‌​‌‌‌​​‌‌​‌​‌​‌‌‍there is no appeal as to matter of fact, as here. The evidence cannot be received.