State v. . Spencer
Supreme Court of North Carolina
Appeal from an Order made at April Term, 1879, of New Hanover Criminal Court, by Meares, J. At February term, 1879, of said court the defendant was indicted for a trespass upon the premises of Jere M. Hewlett, and upon the trial the jury returned a verdict of “ not guilty.” Hewlett was marked as prosecutor, and the court finding that the prosecution was frivolous and malicious, on motion of defendant’s counsel, adjudged that the prosecutor pay the costs.
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Appeal from an Order made at April Term, 1879, of New Hanover Criminal Court, by Meares, J. At February term, 1879, of said court the defendant was indicted for a trespass upon the premises of Jere M. Hewlett, and upon the trial the jury returned a verdict of “ not guilty.” Hewlett was marked as prosecutor, and the court finding that the prosecution was frivolous and malicious, on motion of defendant’s counsel, adjudged that the prosecutor pay the costs. The prosecutor was not present in court when the order was made taxing him with the costs, and at April term aforesaid moved to set aside…
1Opinion of the CourtDillard, J.
One Lewis Spencer was indicted and tried at the criminal court of New Hanover, opened and held on the 2nd Monday in February, 1879, under Bat. Rev., ch. 32, § 3, and Jere M. Hewlett was duly endorsed on the bill of indictment as prosecutor.
After a verdict of not guilty, on motion of the accused, at the same term of the court, but not on the day in which the verdict was rendered, it was adjudged by the court, when the prosecutor was not personally present in court, that he pay the costs, including the fees of the witnesses summoned for the defendant, and afterwards, to-wit, at the next term of…
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