State v. Mitchell

MR. ’ Justice Lansden

delivered tlie opinion of the Court.

The defendant was indicted in the criminal court of Hamblen county for public drunkenness. By agreement with the attorney-general and consent of the court, the case was terminated by a nolle prosequi upon the payment by the defendant of all the costs and taxes. The defendant failed to pay or secure the costs and taxes, and the. workhouse sentence was pronounced' and the defendant was committed to jail. On the following day the defendant made a motion to retax the costs upon the item of the attorney-general’s fee of $5, which the clerk…