State v. Blackburn
Supreme Court of Arkansas
Appeal from Johnson Circuit Court. Jeremiah G. Wallace, Judge. The county is not liable for costs in bastardy cases. Sand. & H. Dig. sec. 474. When justices had jurisdiction, this court held that such cases had the principal features of criminal cases less than a felony, where no indictments were required. 29 Ark. 62-68. The liability of counties in criminal prosecutions rests alone on the statute (Sand. & H. Dig. sec 2316), and under that statute the county is not liable.
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Appeal from Johnson Circuit Court. Jeremiah G. Wallace, Judge. The county is not liable for costs in bastardy cases. Sand. & H. Dig. sec. 474. When justices had jurisdiction, this court held that such cases had the principal features of criminal cases less than a felony, where no indictments were required. 29 Ark. 62-68. The liability of counties in criminal prosecutions rests alone on the statute (Sand. & H. Dig. sec 2316), and under that statute the county is not liable. Counties are not liable in misdemeanors, lb. sec. 2315. Nor are they liable unless the statute expressly makes them so.…
1Opinion of the CourtBunn, C. J.
Appellee was arrested cm affidavit before the county court of Johnson county on the charge of bastardy. He was convicted in the county court, appealed to the circuit court, and was acquitted. The court gave judgment against the state for costs, and ordered the circuit clerk to make out a certified- list of the cost in the case, which was done. The circuit court approved the same,' and ordered the county court to allow and pay the same. To this order of the court in taxing the cost against Johnson county, the state at the time excepted, and prayed an appeal to this court.
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2Cases cited3 opinions
- Cole v. White CountySupreme Court of Arkansas · 1877
- Eagan v. BergenSupreme Court of Vermont · 1884
- Jackson v. StateSupreme Court of Arkansas · 1874
3Cited by8 opinions
- Belford v. StateSupreme Court of Arkansas · 1910
- Hempstead County v. HarknessSupreme Court of Arkansas · 1905
- Pierce County v. MagnusonWashington Supreme Court · 1912
- Waddell v. StateSupreme Court of Arkansas · 1962
- Walker v. TurnerCourt of Appeals of Tennessee · 1938
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