Independence County v. Dunkin
Supreme Court of Arkansas
APPEAL from Independence Circuit Court. Hon. R. H. Powell, Circuit Judge. Jurors fees are not taxable as costs in a criminal case, nor the fees of Talesmen. See Acts 1875, Seo. 38, p. 185; lb. p. 25, See. 58 and p. 125, Sec. 8. The compensation of jurors in the Circuit Court is a pai’t of the “expenses of Court” to be paid as expenses of fuel, stationery, sheriffs fees, &c. Gantt’s Digest, Sec. 1176..
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APPEAL from Independence Circuit Court. Hon. R. H. Powell, Circuit Judge. Jurors fees are not taxable as costs in a criminal case, nor the fees of Talesmen. See Acts 1875, Seo. 38, p. 185; lb. p. 25, See. 58 and p. 125, Sec. 8. The compensation of jurors in the Circuit Court is a pai’t of the “expenses of Court” to be paid as expenses of fuel, stationery, sheriffs fees, &c. Gantt’s Digest, Sec. 1176.. If Matlock had been convicted, no judgment could have been rendered against him for jury fees as part of the costs. Each county must pay its own juries, and furnish them with suitable furniture,…
1Opinion of the CourtSmith, J.
One Matlock was indicted in Independence Circuit Coui’t for murder. He obtained a change of venue to Lawrence, and was tried and acquitted. A judgment for the costs of the prosecution was rendered against Independence county. A duly certified bill of costs was presented to the Independence County Court, all of which was allowed except $140.
On the trial of Matlock, only four jurors were accepted from the re’gular panel. The other eight were selected from a special venire, and they served five days, and were entitled to $10 each for their- services, making $80. Thirty other persons were also…
2Cited by2 opinions
- Logan County v. TrimmSupreme Court of Arkansas · 1893
- Miller v. ScrogginsSupreme Court of Arkansas · 1976