State ex rel. Smith v. Hodges

— The defendant was at the date of the judgment herein the prosecuting attorney of Stone county, and appeals from a judgment of peremptory mandamus, requiring him to certify a fee bill of costs, accrued in the case of State v. Torbett, to the county court of said county for payment out of the county treasury. The error assigned is that, under the agreed facts, Stone county is not liable for the payment of said costs, but the same are taxable under the *533provisions of sections 4063 and 4095 of the Revised Statutes of 1889 against W. W. Cavener as prosecuting witness.

The cause is submitted on an…