Shields v. Commissioners Shawnee County
Supreme Court of Kansas
Error from Shaionee Gounty. This action was brought in the'district court of Shawnee county by the plaintiff in error, a constable of a township of Shawnee county, against the commissioners thereof to recover his fees for services as such constable, rendered in an examination before a justice, of a person charged with crime, in which proceeding the person so charged was discharged “ for want of evidence to convict or hind over.”
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Error from Shaionee Gounty. This action was brought in the'district court of Shawnee county by the plaintiff in error, a constable of a township of Shawnee county, against the commissioners thereof to recover his fees for services as such constable, rendered in an examination before a justice, of a person charged with crime, in which proceeding the person so charged was discharged “ for want of evidence to convict or hind over.” It appears that neither the prosecuting witness nor the defendant in that proceeding was adjudged to pay the cost. The judgment in the action at bar, rendered by the…
1Opinion of the Court
*591By the Court,
Saeeord, J.
Costs : "When wanes'Slbie "We think that section thirteen of chapter thirt ty-nine, General Statutes, 1868, is decisive of the question raised in this case. It is there provided relative to costs in criminal proceedings before justices of the peace, that “ where', any person charged with an offense less than a felony shall be discharged for want of sufficient evidence to convict or bind over, the prosecuting witness shall be liable for costs.” The record before us shows just such a case as was intended to be covered by this provision, and hence it follows that under it…
2Cited by2 opinions
- Little v. EvansSupreme Court of Kansas · 1889
- State v. McGillvraySupreme Court of Arkansas · 1879