State v. . Lupton
Supreme Court of North Carolina
MisdbmeaNOR, in altering tbe mark of cattle, tried before .Jones, J., at Spring Term, 1869, of tbe Superior Court of Beaufort. After a verdict of “not guilty,” tbe defendant’s counsel moved that Tbomas R. Lupton, as prosecutor, be made to pay ¡tbe costs.
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MisdbmeaNOR, in altering tbe mark of cattle, tried before .Jones, J., at Spring Term, 1869, of tbe Superior Court of Beaufort. After a verdict of “not guilty,” tbe defendant’s counsel moved that Tbomas R. Lupton, as prosecutor, be made to pay ¡tbe costs. It was objected on tbe part of Lupton that be was mot marked as prosecutor, and bis Honor was asked to inspect tbe record and pronounce whether or not be was so marked. •Upon inspection bis Honor declared that tbe Governor was not marked as prosecutor, as is usual; but declined to say whether Lupton was so marked or not; bolding that as…
1Opinion of the CourtDice, J.
Previous ¡to Jthe adoption of tbe Code of Civil Procedure, the power of the¡ Court to order the prosecutor in ■criminal cases to pay costs, was regulated by Statute, and limited to a certain class of cases|(Rev. Code, ch. 35, sec. 37,) ¡and tbe construction of this Statute has been well settled by tbe adjudication of this Court.!
Prosecutions for public offences are now defined as criminal motions (C. C..P., sec. 5,) andj no person is regarded as a ¡prosecutor unless be is so markedfon tbe bill of indictment.
When a prosecutor is thus made party to an action for any ■ bind of criminal offence…
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