Harper v. Martin

In this case the record presents before this court *689for determination the sole question of law whether or not the judge of the superior court erred in refusing to sanction the petition for certiorari. Code § 74-307 provides: “Either party, when charged as mentioned in this Chapter, may offer exculpatory affidavits or testimony to the justice of the peace, who may exercise in his discretion, after due inquiry being had, to discharge or bind over both or either of the parties in conformity with this Chapter.” Upon the inquiry of the matter before the justice of the peace the evidence was,…