Findley v. . Erwin
Supreme Court of North Carolina
J>From Burke, A prosecution for a conspiracy was commenced in the Superior Court of Wilkes, and removed for trial to the county of Burke, where the defendants were convicted and fined £100, which sum was paid into the office of ilie Superior Court of law for Burke. This action was brought by the county Trustee of Wilkes, to recover the money for the use of that county.
1Opinion of the Court
IÍENDRiisoN, Judge,
delivered the opinion of the Court:
As the law is silent in the case of a prosecution removed from one county to another, in respect to the county entitled to the fine which may be imposed, we must have recourse to reason and construction, in order to decide the question. No doubt the fines were given to the county, to defray the expenses of those prosecutions, to which it was made liable in certain cases of acquittal, If that be correct, it follows that the county which would have been chargeable, in case of an acquittal, is entitled to the fine on conviction $ and that is…
2Cited by1 opinion
- In re Bond Forfeitures of DunlapCourt of Appeals of North Carolina · 1984