Greene v. Ballard

Opinion of the Court by

Chief Justice Settle

Reversing.

The single question presented for decision by this appeal is whether, the circuit court in which a defendant indicted for a felony is tried, has the authority to order his witnesses summoned at the cost of the Commonwealth and to allow their claims for attendance and mileage as claims against the Commonwealth, and certify them to the Auditor of Public Accounts for payment as such.

The appellee, John W. Ballard, by his petition, filed in the Franklin circuit court, alleged, in substance, the following facts: That following the return in the…