Smith v. State

Smith was convicted below, but the judgment was reversed in this Court, on the ground that the Court rendering it had no jurisdiction. It was not made a part of the judgment of this Court that the reversal should be without costs, and, hence, the clerk issued his fee-bill for their collection.

It is contended that the judgment here should have been without costs, and that the fee-bill should be recalled.

We concur in the opinion.

Costs are regulated by statute, and are given generally where a defendant is convicted. But in the criminal practice act, 2 R. S., p. 383, in the article following that…