Sampson v. State

Motion was made in this case to retax certain costs incurred by the state in having summoned certain witnesses not examined. Courts cannot judicially know for what purposes witnesses are summoned, or that such witnesses were in excess of those allowed by statute. In a case of the character of the one on trial, the evidence sometimes takes a wide range, and the solicitor in preparing the ease for trial is permitted to anticipate defenses within legitimate bounds. In the absence of evidence convincing the court that ,the witnesses, whose costs were sought to be retaxed, were unnecessary or in…