Eustace v. Greenville County

Citations

• 42 S.C. 190
• 20 S.E. 88
• 1894 S.C. LEXIS 43

Syllabus

<p>1. Felonies — Defendant’s Witnesses. — Under tlie statutes of tliis State, now of force, the defendant in ail cases of felony is entitled to like process as the State to compel the attendance of witnesses, and the witnesses so bound over are entitled to be paid in like manner as State witnesses. These provisions are not limited to cases of capital felony.</p> <p>2. Ibid. — Witnesses—Certificate.—A witness in a case of felony is not entitled to demand his per diem and mileage from the county, unless the Circuit Judge before whom the case was tried shall certify that such witness was material. This requirement of the statute is not satisfied by a certificate of the clerk of court that the claimant was “bound over as a material witness,” and by the trial judge marking such certificate “approved.”</p>