Opinion
July Term, 1811.
From Rutherford.
Where the grand jury return a bill of indictment, "Not a true bill," the prosecutor is bound to pay the witnesses for the State, and one-half of the other costs.
A BILL of indictment for perjury was preferred against the defendant by one William Graham, who was indorsed thereon as prosecutor. The grand jury returned the bill "Not a true bill," and a question arose, Whether the prosecutor was (61) bound to pay the witnesses for the State, and that question was sent to this Court.
The prosecutor is bound to pay the witnesses for the State, and one-half of the other costs.