Woodruff v. State

Woodruff and Farrington were prosecuted for a nuisance. On the trial, Woodruff plead guilty. Farrington went to trial on the plea of not guilty, and was convicted. The Coui’t taxed the costs of the cause up to the time of severance against Wood-ruff. He excepted and appeals.

The costs were correctly taxed. Had there been no severance, the conviction of both would have carried the entire costs; and the officer could collect them from either.

■ Up ’to the time of severance, the costs of process, witnesses, &c., were essential to enable the State to prosecute. "When Woodruff plead guilty, the…