Commonwealth v. Kocher
Superior Court of Pennsylvania
Appeal, No. 8, Oct. T., 1903, by Charles Shuman, from judgment of Q. S. Northampton Co., Sept. T., 1902, No. 51, imposing costs on prosecutor, in case of Commonwealth v. Thomas A. Kocher. Indictment for keeping a disorderly house. Before Scott, J. At the trial the jury returned a verdict of not guilty, and imposed one tenth of the costs on the defendant, and nine tenths of the costs on Charles Shuman as prosecutor.
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Appeal, No. 8, Oct. T., 1903, by Charles Shuman, from judgment of Q. S. Northampton Co., Sept. T., 1902, No. 51, imposing costs on prosecutor, in case of Commonwealth v. Thomas A. Kocher. Indictment for keeping a disorderly house. Before Scott, J. At the trial the jury returned a verdict of not guilty, and imposed one tenth of the costs on the defendant, and nine tenths of the costs on Charles Shuman as prosecutor. On a rule to show cause why Shuman should not be relieved from payment of the costs, Scott, J., filed an opinion in which he said : I instructed the jury that if the defendant was…
1Opinion of the Court
Opinion by
Smith, J.,
Upon a criminal prosecution, at common law, the prosecutor incurred no direct liability for costs ; the sovereign, in whose *68name the prosecution was conducted, paid no costs; while the defendant, whether convicted or acquitted, was required to pay the costs of prosecution as well as his own, with no remedy upon acquittal but an action against the prosecutor for malicious prosecution. Such was the law of Pennsylvania until after the Declaration of Independence. Subsequent legislation, beginning with the act of September 23, 1791, has materially modified it, so that in all…
2Cases cited6 opinions
- Linn v. CommonwealthSupreme Court of Pennsylvania · 1881
- Commonwealth v. DoyleSuperior Court of Pennsylvania · 1901
- Guffy v. CommonwealthSupreme Court of Pennsylvania · 1853
- Commonwealth v. ChartersSuperior Court of Pennsylvania · 1902
- Wright v. CommonwealthSupreme Court of Pennsylvania · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Commonwealth v. HallSupreme Court of Pennsylvania · 1927
- Commonwealth v. ShafferSuperior Court of Pennsylvania · 1913
- Miller v. Hastings BoroughSuperior Court of Pennsylvania · 1904
- Commonwealth v. CohenSuperior Court of Pennsylvania · 1931
- Commonwealth v. GiaccioSuperior Court of Pennsylvania · 1963
22 more not listed; retrieve them via the Exa API.