Ex parte Turner

A. B. Turner was a witness in this case under recognizance. He was bound over by the government. He was also a grand juror, and served as such until the seventeenth of this month. He resides in Greenville, and has been paid his per diem as juror. He now claims per diem as a witness in this case from the first day of the term to his discharge as a witness.

It has been ruled in this court that a defendant, under recognizance, who has also been bound over as a witness for the government, is entitled to his per diem and mileage as such witness. The ground of that decision was that, inasmuch as the…