State ex rel. Houser v. Oliver

— The relators filed their petition for an alternative writ of mandamus in the circuit, court of Greene county, praying that court to command the *218defendant to certify to the state auditor the costs of attendance and mileage of ninety-five witnesses in the case of State v. Berry. The defendant, who is judge of the criminal court of Greene county, had presided at the trial of Berry on a charge of murder, and, as Berry was acquitted, the relators claimed that all costs legally incurred in the prosecution and defense were payable by the state. The relators represent only nineteen of these…