
    No. 2512.
    State v. Jones.
    November Term, 1889.
    1. Where the sheriff produces the prisoner before the court, it is immaterial to inquire whether the writ of habeas corpus was properly issued by the clerk of the Circuit Court, under order of the Chief Justice granting the application for the writ.
    2. The solicitor cannot dispense with the presence of the prisoner before the court on his application for bail under writ of habeas corpus, unless the prisoner himself waives his right to be present.
    3. Trial justices may discharge absolutely under habeas corpus proceedings in proper cases, but a judge can only discharge on bail.
    4. No evidence being produced to show that the truth of the Charge of murder is evident or the presumption great, bail was granted.
    January 7, 1890.
    
      J. JE. Davis, for petitioner.
    
      Skinner Williams, for the State.
   Per curiam,  