State v. . Morgan
Supreme Court of North Carolina
IN a CRIMINAL aotion, tried- before a Justice of the Peace, the defendant, being taxed with the costs as prosecutor, appealed to the Superior Court, and TimberlaJce, J., at Pall Term, 1896, of Beaufort Superior Court, ret ersecl the judgment of the Justice and the State appealed.
1Opinion of the Court
Clark, J.:
Taxing the'prosecutor in a criminal action with costs is in the nature of a civil judgment, from which an appeal lies in his behalf from the Justice of the Peace. State v. Powell, 86 N. C., 640; cited with approval in In re Deaton, 105 N. C., 59; The Code, Section 875.
But while the findings of fact by the Justice in such cases are review able in the Superior Court, the findings of facts by the Superior Courr are conclusive and not reviewable in this court. State v. Taylor, 118 N. C., 1262. State v. Hamilton, 106 N. C., 660. The reason for the distinction is pointed out in In re…
2Cases cited7 opinions
- In Re DeatonSupreme Court of North Carolina · 1890
- State v. . PowellSupreme Court of North Carolina · 1882
- State v. . HamiltonSupreme Court of North Carolina · 1890
- State v. . TaylorSupreme Court of North Carolina · 1896
- State v. . MooreSupreme Court of North Carolina · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Grant v. Graham Chero-Cola Bottling Co.Supreme Court of North Carolina · 1918
- State v. . JacksonSupreme Court of North Carolina · 1930
- Erickson v. StarlingSupreme Court of North Carolina · 1951
- State v. . TrullSupreme Court of North Carolina · 1915
- State v. TrullSupreme Court of North Carolina · 1915
4 more not listed; retrieve them via the Exa API.