State v. A. B. C.
Supreme Court of New Hampshire
Indictment, for a violation of the liquor law, obtained on evidence produced by a private prosecutor. Witnesses were called who failed to testify to anything tending to sustain the charge. It was ruled, subject to the prosecutor’s exception, that the fees of such witnesses should not be taxed against the defendant.
1Opinion of the CourtChase, J.
“ Upon conviction and sentence in any prosecution for a crime or offense costs shall be taxed as in civil cases unless otherwise provided.” P. S., c. 256, s. 5. State v. Frost, 58 N. H. 844. It is not otherwise provided in respect to offences created by the statutes relating to the sale of intoxicating liquors. “ Costs” here means the expenses and fees which the law authorizes the winning party to recover of his adversary in an action. To this extent the party is to be indemnified. Among such expenses is the expense of procuring the attendance of witnesses. A person who attends .in good…
2Cases cited1 opinion
- Bliss v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1875