State v. . Cannady
Supreme Court of North Carolina
Appeal from an Order made at January Term, 1878, of "Wake Criminal Court, by Strong, J. A Peace "Warrant was obtained at the instance and upon the oath of one Abram Cannady, and His Honor below after hearing the evidence of the prosecutor (Cannady), and that in behalf of one McCullers, (the defendant in the warrant), adjudged that the prosecution was without cause,, frivolous and malicious on the part of Cannady, and ordered him to pay the costs of the proceeding, and to be…
Read the full summary
Appeal from an Order made at January Term, 1878, of "Wake Criminal Court, by Strong, J. A Peace "Warrant was obtained at the instance and upon the oath of one Abram Cannady, and His Honor below after hearing the evidence of the prosecutor (Cannady), and that in behalf of one McCullers, (the defendant in the warrant), adjudged that the prosecution was without cause,, frivolous and malicious on the part of Cannady, and ordered him to pay the costs of the proceeding, and to be held. in custody by the Sheriff until the same were paid. From which judgment the defendant appealed.
1Opinion of the CourtReade, J.
The questions are, (1) can a prosecutor be ordered to pay costs where the prosecution is frivolous or malicious, and (2) be imprisoned therefor if he fail to pay ?
The statutes answer both questions in the affirmative: “The party convicted shall be always adjudged to pay the costs, and if the party charged be acquitted, the complainant shall be adjudged to the costs, and may bo imprisoned for the non-payment thereof.” Bat. Rev. ch. 35 § 132.
“ If a defendant be acquitted, the costs shall be paid by the prosecutor, if any be marked on the bill, unless the Judge shall certify,” &c. C. C. P. §…
2Cases cited1 opinion
- State v. . LuptonSupreme Court of North Carolina · 1869
3Cited by17 opinions
- Pain v. . PainSupreme Court of North Carolina · 1879
- State v. . ByrdSupreme Court of North Carolina · 1885
- State v. . PulliamSupreme Court of North Carolina · 1922
- State v. . BurtonSupreme Court of North Carolina · 1893
- State v. . PasleySupreme Court of North Carolina · 1920
12 more not listed; retrieve them via the Exa API.