State v. Dew
1 N.C. 142
Sup. Ct. N.C.
1798
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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.