State v. . Massey
Supreme Court of North Carolina
Costs — Criminal Proceedings — Witnesses — Constitution — Discretion. This was a Motion, by the defendant, to ,tax the county of LINCOLN with the fees and mileage of a number of witnesses,, summoned for the defendant, heard before Connor, J., at-Pall Term, 1889, of that county. His Honor refused to grant the motion, and the defendant and the witnesses named appealed.
1Opinion of the Court
CLARK, J.:
The indictment in this case was quashed, and the defendant thereupon moved that his witnesses be taxed against‘the county. The Court denied the motion, upon the ground that this was not a case in which the statute authorized it to make such order.
The Court is authorized, under The Code, §733, in its discretion, to direct that witnesses shall receive no compensation, or only a part of that which the law authorizes to be paid. The exercise of such discretion is not reviewable. It is not uiTrequently the duty of the Judge to take such action. The tax-payers should be protected against…
2Cited by18 opinions
- Clerk's Office v. Commissioners of Carteret CountySupreme Court of North Carolina · 1897
- State v. . HorneSupreme Court of North Carolina · 1896
- Cureton v. . GarrisonSupreme Court of North Carolina · 1892
- State v. . MeansSupreme Court of North Carolina · 1918
- State v. MeansSupreme Court of North Carolina · 1918
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