Craighead County v. Cross County
Supreme Court of Arkansas
APPEAL from Craighead circuit court. J. E. Riddick, Judge. There is no distinction as to costs in felonies and misdemeanors.
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APPEAL from Craighead circuit court. J. E. Riddick, Judge. There is no distinction as to costs in felonies and misdemeanors. An election not to prosecute is not an acquittal, making the county liable for costs. 44 Arle., 31. The certificate of the circuit court under sec. 219, Revised Statutes, as to costs in criminal cases, is not binding upon the county court. 44 Arle., 467 ; 40 Arle., 329. Reviews the statutes and previous decisions of this court, and contends that the legislature intended that counties should pay costs in all cases where the defendant was not convicted. The framers oí the…
1Opinion of the CourtCockkill, C. J.
An indictment for a felony was found in Craighead county. The prosecution was removed to Cross county on the defendant’s application, and was there abandoned by the state, a not, pros, being entered. Cross county paid the costs and presented an account to the Craighead county court for an allowance in her favor for the amount paid. The county court rejected the claim. On appeal to the circuit court it was allowed, and from this judgment Craighead county appeals.
In the case of Stalcup v. Greenwood District, of Sebastian county, 44 Ark., 31, it was decided that the statute does not impose upon…
2Cited by4 opinions
- Hempstead County v. HarknessSupreme Court of Arkansas · 1905
- Gunning v. Board of County CommissionersSupreme Court of Kansas · 1910
- Chicot County v. MatthewsSupreme Court of Arkansas · 1915
- Phillips County v. JacksonSupreme Court of Arkansas · 1908