Howell v. Blackwell
Supreme Court of Georgia
Illegality, in Lumpkin Superior Court. Decided by Judge Wright, March Term, 1849. James J. Blackwell, of Elbert County, was subpoenaed to attend as a witness for the defendant, on the trial of an indictment for peijury, in Lumpkin County. The defendant, (Howell,) was acquitted.
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Illegality, in Lumpkin Superior Court. Decided by Judge Wright, March Term, 1849. James J. Blackwell, of Elbert County, was subpoenaed to attend as a witness for the defendant, on the trial of an indictment for peijury, in Lumpkin County. The defendant, (Howell,) was acquitted. Blackwell’s subpoena, regularly proven, for attendance and mileage, was levied on the property of Howell, who filed this affidavit of illegality; and the sole question was, the liability of a defendant, after acquittal, for the fees of witnesses from another County, subpoenaed in his own behalf. The Court below…
1Opinion of the Court
By the Court. —
Warner, J.
delivering the opinion.
[1.] We are not aware of any Statute in this State, which authorizes witnesses subpoenaed at the instance of a defendant in. a criminal cause, who has been acquitted, to charge and collect by execution, for his attendance and mileage out of the County in which such witness resides.
The Act of 1836 applies only to such witnesses as are compelled to attend the Superior Courts in behalf of the State, out of the Counties in which they may reside. Prince, 476. There being no authority for the proceeding of the defendant in error, to charge and collect…
2Cited by2 opinions
- Ivey v. StateCourt of Appeals of Georgia · 1908
- Fish v. FarwellAppellate Court of Illinois · 1889