Board of County Commissioners v. Whiting
Supreme Court of Kansas
Error from Shawnee County. At the May term, A. D. 1867, of the district court of Shawnee county, one William Need was duly tried for, and convicted of a felony, and thereupon sentenced to confinement and hard labor in the-penitentiary. The claim of the defendant in error is for costs (sheriff’s fees) made by the said Reed, on his part, and' exclusively in his own defense, in his said trial; defendant in error being then sheriff of Shawnee county.
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Error from Shawnee County. At the May term, A. D. 1867, of the district court of Shawnee county, one William Need was duly tried for, and convicted of a felony, and thereupon sentenced to confinement and hard labor in the-penitentiary. The claim of the defendant in error is for costs (sheriff’s fees) made by the said Reed, on his part, and' exclusively in his own defense, in his said trial; defendant in error being then sheriff of Shawnee county. At the regular session of the board of county commissioners of Shawnee county, in Qctober, 1867, the plaintiffs in error refused to allow or pay the…
1Opinion of the Court
By the Court,
Safford, J.
The record in this case presents but one question for our consideration, to wit: Is a county liable, under the laws of this state, for the costs, or any part thereof, made by a defendant in his. own behalf, in a case where such defendant, having been' charged with a criminal offense, has been tried, convicted and sentenced therefor, in the court having jurisdiction, such defendant being found to be insolvent?
Sections 311 and 318 of the code of criminal procedure contain the following provisions: “The costs shall be paid by the county in which the offense is committed,…
2Cited by6 opinions
- State v. AlvarezSupreme Court of Kansas · 2019
- State v. ThomsonSupreme Court of Kansas · 1961
- State v. GranvilleSupreme Court of Kansas · 1881
- State v. DeanCourt of Appeals of Kansas · 1987
- State v. FenskeSupreme Court of Kansas · 1936
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