State v. . Hughes
Supreme Court of North Carolina
INDICTMENT for Larceny tried at Spring Term, 1880, of Stores Superior Court, before Buxton, J. Upon return of a verdict of “ not guilty ” the defendant moved to have the name of -the prosecutor, Martin, marked on the bill. This was resisted on the ground that the no-, tice and motion in such case should have been made by the state. The court allowed the motion and gave judgment against the prosecutor for costs, from which he appealed.
1Opinion of the CourtDillard, J.
The defendant was indicted for stealing tobacco plants of James G. Martin, and on the trial was acquitted, and thereupon, on notice by defendant to said Martin, a motion was made by him, and also by the solicitor without other notice than the one given by the defendant, Hughes, to have said Martin set down as prosecutor and for judgment against him for costs, and from the judgment of the court ascertaining said Martin to be prosecutor and adjudging the costs against him, said Martin appeals to this court.
By act 1874-75, ch. 207, it was enacted that’ in all criminal actions, in case of the…
2Cases cited1 opinion
- State v. . CrossetSupreme Court of North Carolina · 1879
3Cited by3 opinions
- State v. . BurgwynSupreme Court of North Carolina · 1882
- State v. . HamiltonSupreme Court of North Carolina · 1890
- State v. . ConwaySupreme Court of North Carolina · 1882