“ The Court is unanimously of opinion, that although a summons has issued on a presentment made by the Grand Jury for a misdemesnor, and the Defendant has failed to appear, still, if the Information be awarded, the Defendant must be summoned to answer it, and if he be charged with an offence to which an infamous or corporal punishment is affixed, or may enure, the Court may in its discretion award a Capias in the first instance.”