State v. . Hamilton
Supreme Court of North Carolina
This was a CRIMINAL action, tried before Armfield, J., at September Term, 1889, of Wake Superior Court. Motion to mark Charles M. Jones prosecutor, and tax him with the costs. The Court found that the prosecution was frivolous and not required by the public interest,” and taxed Jones with the costs as prosecutor, from which he appealed.
1Opinion of the Court
Claek, J.:
The Code, § 737, empowers the Court trying the cause to determine at any stage of a criminal proceeding who the prosecutor is, and tax him with the costs, if such Court shall be of opinion that there was not reasonable ground for the prosecution, or'that it was not required by the public interest. Section 788 empowers the Court to imprison the prosecutor for non-payment of costs, if it shall adjudge that the prosecution was frivolous and malicious. This is held constitutional. State v. Cannady, 78 N. C., 539. These findings of fact by the Court below have been repeatedly held…
2Cases cited11 opinions
- State v. . PowellSupreme Court of North Carolina · 1882
- State v. . CannadySupreme Court of North Carolina · 1878
- State v. . CrossetSupreme Court of North Carolina · 1879
- State v. . DunnSupreme Court of North Carolina · 1886
- State v. . HortonSupreme Court of North Carolina · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. . CollinsSupreme Court of North Carolina · 1915
- State v. . TaylorSupreme Court of North Carolina · 1896
- State v. . MorganSupreme Court of North Carolina · 1897
- State v. CoatsNew Mexico Supreme Court · 1913
- Cobb v. Rhea.Supreme Court of North Carolina · 1904
7 more not listed; retrieve them via the Exa API.