Commonwealth v. Smith

Opinion by

Hoffman, J.,

The sole issue presented in this appeal is whether a defendant who is acquitted of a felony, but convicted of a misdemeanor, may be ordered to pay the entire costs of the prosecution.

On January 11, 1973, appellant was tried by a jury on three bills of indictment: indictment number 208, May Term, 1972, charged appellant with murder; indictment number 209 charged appellant with three counts of possession of a firearm without a license; and indictment number 210 charged appellant with two counts of pointing and discharging a deadly weapon. The jury found appellant guilty of…