Legal Opinion

State v. . Cole

Supreme Court of North Carolina

Decided September 29, 1920Published

MotioN to tax prosecutor with, costs, heard on appeal from a justice’s court, before Bond, J., at April Term, 1920, of Johnston. There was judgment finding prosecution frivolous and malicious, and ordering that unless costs be paid in thirty days, that capias issue for prosecutor, and he be imprisoned till said costs were paid, or until he be discharged according to law, and said prosecutor excepted and appealed.

1Opinion of the CourtHoKE, J.

From a perusal of the record it appears that prosecutor, O. B. Langston, having instituted a criminal action before a justice of the peace against the defendant for removing crops without giving prosecutor, his landlord, legal notice, etc. The cause was tried by the justice, R. K. Britt, tbe defendant acquitted, and a judgment entered tbat “tbe prosecutor pay tbe costs.” From tbis judgment tbe prosecutor appealed, and tbe question was beard by tbe court de novo on affidavits setting forth, cbiefly, statements of tbe affiants as to wbat transpired and was testified to at tbe justice’s trial,…

2Cases cited4 opinions

  1. State v. . ByrdSupreme Court of North Carolina · 1885
  2. State v. . PowellSupreme Court of North Carolina · 1882
  3. Perry v. . PerrySupreme Court of North Carolina · 1920
  4. State v. . SandersSupreme Court of North Carolina · 1892

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