State v. Rackley

Racicley was indicted for retailing spirituous liquors without licence. The jury found him guilty, and assessed his fine at three dollars and sixty-six cents, and acquitted him of costs. The prosecuting attorney moved the Circuit Court fora judgment for costs, non obstante veredicto; which motion being overruled, and judgment given on the verdict for the fine only, he filed a bill of exceptions, and has brought the subject before this Court on a writ of error.

The 72nd section of the act respecting crimes and punishments, approved January the 20th, 1824, is, in these words: “Costs of suit…