State v. . Hodson
Supreme Court of North Carolina
This was a motion in the cause heard before Kerr..J. at Fall Term, 1875, of Guilfobd Superior Court. The defendants were indicted for a forcible trespass upon the lands of James Lowe and Daniel Lowe. At December Term, 1874, on motion of the counsel for the defendants, upon the admission of the Solicitor that the,indictment was frivolous and malicious it was ordered by the court that James Lowe and Daniel Lowe be endorsed as prosecutors upon the bill of indictment.
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This was a motion in the cause heard before Kerr..J. at Fall Term, 1875, of Guilfobd Superior Court. The defendants were indicted for a forcible trespass upon the lands of James Lowe and Daniel Lowe. At December Term, 1874, on motion of the counsel for the defendants, upon the admission of the Solicitor that the,indictment was frivolous and malicious it was ordered by the court that James Lowe and Daniel Lowe be endorsed as prosecutors upon the bill of indictment. After this order was made, and when the case was called for trial, the Solicitor entered a nol pros. The counsel for the…
1Opinion of the Court
Reade J.
Before the adoption of our present Constitution a defendant in a criminal prosecution was obliged to pay his costs whether convicted ■ or acquitted. That was thought to be hard, and so our Constitution is careful to provide that no one shall be compelled to pay costs in a criminal prosecution against him' “unless he'be convicted.” ■ Art. 1, sec. IT. This was much relied on by defendant’s counsel. After thus guarding the rights of defendants, it would be strange to carelessly inflict the costs upon some one else, without conviction. We must avoid Scylla as well ás Charybdis. And yet in…
2Cases cited2 opinions
- State v. . LuptonSupreme Court of North Carolina · 1869
- State v. . DarrSupreme Court of North Carolina · 1869
3Cited by3 opinions
- State v. WebbSupreme Court of North Carolina · 2004
- State v. . CrossetSupreme Court of North Carolina · 1879
- State v. . AdamsSupreme Court of North Carolina · 1881