State v. Kinneman

Information for riot against the appellees and others. The appellees pleaded guilty, and they were severally fined. The district attorney moved that a docket fee be taxed agáinst each of the appellees, but the court overruled the motion, and allowed but one docket fee to be taxed in the cause. This ruling presents the only question arising in the case.

Under a statute of 1831, which.provided a docket fee “for every conviction upon an indictment or presentment on plea of not guilty,” it was held that the prosecuting attorney was entitled to a docket fee against each person convicted on the same…