Commonwealth v. Mourton

Henninger, P. J.,

This case comes before the court on a rule to show cause why an appeal should not be allowed from the imposition of costs amounting to about $18 upon defendant by an alderman upon a finding that a prosecution for assault and battery against her was not well founded.

The principle of imposition of costs upon a discharged defendant goes back at least to the Act of December 8, 1804, 4 Sm. L. 204, which was incorporated into section 62 of The Penal Code of March 31, 1860, P. L. 427, 19 PS §1222, and was a limitation upon the benevolent provision of the Act of September 23, 1791,…