
    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-iher 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.  