State v. . Jacobs

Clake, J.:

When the case was called for trial, the other defendant, Oxendine, moved for a separate trial, and, at any rate, to be tried with one of the other defendants (there being several indicted in the same bill) rather than with defendant Jacobs. The Court remarked that it intended to try defendant Jacobs; that it had been informed by the jailor that he apprehended that Jacobs would escape if he had the opportunity. To this remark defendant Jacobs excepted. On motion of the Solicitor, Jacobs and Oxendine were tried together.

At common law, though the Judge, as is still the rule, could not…