State v. Kinne
Supreme Court of New Hampshire
Scire Facias upon a recognizance. The defendants, at a previous term of this court, moved that the scire facias be dismissed for want of jurisdiction; the question upon which motion being transferred to the law term of said court, it was ordered that the scire facias be dismissed; and now the defendants move that their costs be allowed them against the State.
Read the full summary
Scire Facias upon a recognizance. The defendants, at a previous term of this court, moved that the scire facias be dismissed for want of jurisdiction; the question upon which motion being transferred to the law term of said court, it was ordered that the scire facias be dismissed; and now the defendants move that their costs be allowed them against the State. The court ruled that the motion should prevail, and that costs should be allowed the defendants; to which the solicitor excepted; and the questions of law arising upon the case were reserved, and assigned to the law term.
1Opinion of the CourtSargeNt, J.
Our statute provides that if, upon any complaint or prosecution before any court or justice, the defendant shall be ordered to pay a fine, enter into a *239recognizance, or suffer any penalty, be shall be ordered to pay costs of prosecution, or such part thereof as justice may require. Rev. Stat., ch. 211, sec. 14; Comp. Laws 540.
While by this statute provision is made for the taxing of costs in all criminal cases where the respondent is convicted, whether of a felony or a misdemeanor, we find that the common law rule still prevails in-all cases where the respondent is acquitted, and he can tax…
2Cases cited2 opinions
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1815
- State v. HarlowSupreme Judicial Court of Maine · 1846
3Cited by5 opinions
- Colonial Pipeline Co. v. MorganTennessee Supreme Court · 2008
- General Telephone Co. of the Southeast v. BoydTennessee Supreme Court · 1961
- GENERAL TELEPHONE COMPANY OF SOUTHEAST v. BoydTennessee Supreme Court · 1960
- Tau Chapter of Alpha Xi Delta Fraternity v. Town of DurhamSupreme Court of New Hampshire · 1972
- State v. BrosseauSupreme Court of New Hampshire · 1983