Majority
p. 140The People vs. John Warner. and contended that the rr ’ indictment was found on the 7th of this month, and was ^own f°r trial this day: that it was the first time he'had understood the prisoner was not ready, that he had not been spoken to before this morning, and was of course unprepared : that he had not received a copy of the indictment, and hoped hereafter that counsel would be furnished with a copy. Maxwell replied that the law did not require that he should furnish counsel with copies of indictments : that upon application to the clerk, and payment of fees, they would be furnished with copies.
Headnote
A counsel bas no right to demand a copy of the indictment of the District Attorney. He the^defk" the court,who nmnt of^the usual fees, copy “ot^copies.1N this case N. B. Graham read an affidavit in the common.form, to put off the trial to the next term : stating the _ - . . . „ absence oí material witnesses, &c.
Maxwell opposed the motion,
Graham replied that he was not ready:
observed that this was the first complaint they had heard of this nature: that if counsel thought it necessary for the defence of their client to obtain a copy of the indictment, the clerk was the proper officer to apply to, and that he was compelled to furnish a copy or copies on payment of the usual fees.