Irvin v. State

1. When a person accused of a crime before a committing magistrate is discharged for want of sufficient cause of commitment, the cost of the proceeding is not assessed against the prosecutor as a matter of law, but it is discretionary with the magistrate to direct the cost to be paid by the prosecutor. Code, § 27-421; Gault v. Wallis, 53 Ga. 675; State v. Steele, 112 Ga. 39 (37 S. E. 174). It follows that where a criminal warrant is dismissed by a committing magistrate, a judgment entered by him that '“the accused is dismissed from custody, and judgment is rendered” for a named amount of…