State v. . Herndon
Supreme Court of North Carolina
This was an application for habeas corpus, heard before MacRae, J., at Durham, on the 25th of October, 1890. Upon the return of the writ, it appearing that the petitioner was in jail by virtue of a true bill for murder duly returned by the grand jury of Durham County, his Honor “declined the application of the prisoner to examine the witnesses in this matter with a view to the admission of the prisoner to bail, upon the ground that the true bill found by the grand jury shows…
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This was an application for habeas corpus, heard before MacRae, J., at Durham, on the 25th of October, 1890. Upon the return of the writ, it appearing that the petitioner was in jail by virtue of a true bill for murder duly returned by the grand jury of Durham County, his Honor “declined the application of the prisoner to examine the witnesses in this matter with a view to the admission of the prisoner to bail, upon the ground that the true bill found by the grand jury shows probable cause,” and remanded the prisoner to jail. This is an application for a writ of certio-rari, to the end that…
1Opinion of the Court
*935Clark, J.:
If the Judge, upon the investigation of the evidence on a petition for habeas corpus, adjudges that there is or is not probable cause, and admits or refuses to admit to bail, no appeal or certiorari lies, either in favor of the State or the petitioner. Walton v. Gatlin, 60 N. C. (1 Winst.), 318; State v. Miller, 97 N. C., 451. The quantum of evidence and the number of witnesses to be examined must necessarily be left also to the sound discretion of the Judge who hears the writ, and his action in that regard cannot be reviewed. When, however, on the return of the writ, the Judge…
2Cases cited4 opinions
- State v. . Beverly JeffersonSupreme Court of North Carolina · 1872
- State v. . MillerSupreme Court of North Carolina · 1887
- Lynch v. PeopleIllinois Supreme Court · 1865
- United States v. JonesU.S. Circuit Court for the District of Pennsylvania · 1813