State v. Butts.
Supreme Court of North Carolina
INDICTMENT against AY. TI. and J. IT. Butts, beard by Judge Frederick Moore, at June Term, 1903, of the Superior Court of Halifax: County.
1Opinion of the Court
ClaRK, O. J.
The defendants were tried before a justice of the peace for an offense within his jurisdiction. Tie adjudged the defendants not guilty, and that the prosecution was frivolous and malicious, and that “J. O. Heptinstall pay the costs of the action.” In such cases The Code, section 3756, requires that the costs be taxed “against the complainant or prosecutor.” J. 0. Heptinstall was one of the witnesses for the prosecution, but the warrant had been issued upon the affidavit of J. AY. Heptinstall, another witness. From such order taxing him with the costs J. 0. Heptinstall appealed to…
2Cases cited6 opinions
- State v. . PowellSupreme Court of North Carolina · 1882
- State v. . HamiltonSupreme Court of North Carolina · 1890
- State v. . MorganSupreme Court of North Carolina · 1897
- State v. . RobertsSupreme Court of North Carolina · 1890
- Merrimon v. Commissioners of Henderson CountySupreme Court of North Carolina · 1890
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3Cited by1 opinion
- Merrimon v. . CommissionersSupreme Court of North Carolina · 1890