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nor can return ignoramus pleaded in ban It said thjC will not prepared encounter the charge maice, and therefore will taken surprise.

The answei that this can never happen if the court buy college term papers send him generally for the homicide, But the examining court an additional barrier erected for the benefit the accused and No innocent man can now kept in jail more than ten days without a trial And if his examiniig court discharges him, can never afterwards questioned for the same crime, two great privileges which did not enjoy the common law.

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The inference drawn from the power bail stands the same footing with that drawn from the power discriminate between grand and petty larceny. It may not custom essay toronto improper, however, add here, that this power bail was not given the examining courts at the time nor for the reason mentioned in the argument those courts have possessed that power ever since true, added, if the queston was moved again, would Neither was this a sudden opmion, given without consideration.

The question was moved upon the fourth day the court when the indictment was sent the grand jury.

It was custom essay writing again discussed and decideiS the sixth day court when the prisoner had his trial.

This construction has, as are told, boon sustained the district coujis in Bailey's and Shannon's case. So that there have been three judicial opinions in favour thesis search and From the year 1 the year 1, eighteen years, the legislature left this law thus explainsd and thus executed, untouched.

If had essays about service deemed this construction incompatible with the public good, would have done ? Certainly In the year 1, the legislature did pass a new statute the subject examining courts. But was moved legislature knew that his power had been denied amining coatis for eighteen years, why then did not pot the question beyond donbt ? For the best all possible reasons, did not intend disturb The troth that all the judges in Sorrel's case, ahd most the judges and lawyeis in the state, had always admitted that these courts did possess the power entire acquittal. This opinon had, however, been lately called in question a book respectable authority and had in Shannon's case been actually resisted a judge the general court. It was then put an end that question, and secure those courts that general power acquittal which almost every body thought they did possess, that this third section Another Argument was pressed upon the court in a late stage the cause, drawn from the 1 section the peni tentiary statute.

It will not however contended that if the legislature pass a law upon a supposition that that law which not, this mistake will equal an enacting clause, and caU a new law into existence if then the examining courts did not before possess this discriminating power, this section could not give them.

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But a mistake sup pose that when the legislature speak a person's being charged with acrime, a charge made a grand jury or amining court necessarily meant. The word charge often used designate a charge made upon oath before a justice the peace, and, and used in both the acts assembly respecting examining courts. The real intention the legislature seems have been, that when a man Was sent forward for homicide, and the attorney whom the law directs mba thesis writing service the depositions sent, should perceive that the evidence charged bim with ioTokiiitary maBslaagbter only, should at liberty proceed in the manner pointed out that section. Upon the whole, the court onanimonsly opinion that a court examination hath not power acquit a prisoner chai ged before with murder, the murder with which stands charged, and remand the said prisoner tried in the superior court for manslau account the same homicide and that if such court does make such a discrimination the prisoner not thereby discharged from any part the felonious homicide with which stood charged, but may indicted for murder before the superior court.

Judge White at the close his opinion added, custom essays for cheap that there was one point which the court had not yet undertaken decide, nursing assignment writing service whether the commonwealth could mend its pleadings, that withdraw its demurrer, and put in a new plea The point was waved the bar, and was understood one which would fairly lay over for the court below. The following order was then entered the record, and directed certified the Norfolk circuit court. The superior court Norfolk county having, with the assent the prisoner, Samuel Myers, adjourned the general dltk custom writing paper court the following questions law, First Whether a court examination hath power acquit a prisoner charged before them with murder, the murder with wich stands charged and remand the said prisoner tried in the superior court for manslaughter account the same homicide. 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