The State v. Clayton Smith.

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 in-, dorsed thereon as prosecutor. The Grand Jury returned the bill Not a true billand a question arose. Who-*61iher the prosecutor was bound to pay the witnesses for the State ? and that question was sent to this Court.

By the Couet.

The prosecutor is bound to pay the witnesses for the State, and one half of the other costs.