Opinion
APRIL TERM, 1764.
INDICTMENT for Misdemeanor, in marrying a Man to a Woman who had another Husband living. — Moved, on the Part of the Defendant, to put off the Trial on Affidavit of material Witnesses wanting, and that he had taken the proper steps to get them. — Opposed by the Attorney General, as being a criminal Case, and not within the Rules of civil Cases. But granted BY THE COURT, the Defendant being a Clergyman, and his Living depending on his acquittal: but declared not to be a Precedent.
In Rex versus D'Eon 3. Burr 1713. The Court said that in all Cases, whether criminal, or civil, a Trial shall not be hurried on, to as to do injustice to the Defendant.