ent witnesses, or for the absence of the same witness, if occasioned by different causes, so as to be within the spirit of the law. This application was for the want of same witnesses, on account of whose absence the prisoner had previously obtained a continuance. The cause assigned was the change in the term of the court by act of assembly. Under some circumstances, this might be a good cause not affected by the doctrine as to ignorance of the law. But we are bound to know the law, and the application shows that, in point of fact, this, like other laws, was promulgated immediately after its passage in the public newspapers, and was known to the prisoner's counsel. The expression of his belief that the witnesses had not heard of it, is not sufficient to overcome the legal presumption to the contrary. When it is considered that the witnesses lived in adjoining counties, that the prisoner was entitled to compulsory process to secure their attendance, and had the right, not available to the State, of taking their depositions, the showing made does not come up to the measure of legal diligence. Waiving the consideration that the uncorroborated affidavit of a prisoner charged with a capital offence, ought to be received with caution, it appears, from the statement of the testimony placed on the record by his bill of exceptions, that, upon the trial, he proved by other witnesses every material fact which he expected to prove by those who were present. Their testimony was desired for the purpose, as stated in the affidavit, and if admitted could only have the effect of reducing the offence to murder in the second degree.
3. The statute (sec. 154, title Crim. Proc.) provides that "a list of the jurors summoned shall be delivered to the defendant, in all cases where the offence charged is punishable with death, at least forty-eight hours before the trial, unless the defendant shall waive this right; and, in other cases, before the jury is called, if such list be requested." The object of this provision is to give the accused an opportunity of knowing what jurors have been summoned upon the panel, so as to enable him to make objections to such as are not acceptable to him, and the right thus secured to him is one which the courts, against his consent, cannot
