State v. . Hicks
Supreme Court of North Carolina
Case ON Appeae for Supreme Court. Tbis was an indictment for murder, tried at Eall Term, 1898, of tbe Superior Court for Rutherford County, before bis Honor, II. B. Starbuck, presiding Judge, and a jury. Tbe defendant, Frank Hicks, was acquitted by tbe jury. No person was adjudged to pay the costs as prosecutor, nor was any person marked as prosecutor.
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Case ON Appeae for Supreme Court. Tbis was an indictment for murder, tried at Eall Term, 1898, of tbe Superior Court for Rutherford County, before bis Honor, II. B. Starbuck, presiding Judge, and a jury. Tbe defendant, Frank Hicks, was acquitted by tbe jury. No person was adjudged to pay the costs as prosecutor, nor was any person marked as prosecutor. After tbe verdict of acquittal was returned by tbe jury, M. H. Justice, Matt McBrayer and E. J. Justice, counsel for tbe defendant, made and presented to tbe Court a certificate, that tbe defendant, Frank Hicks, bad witnesses duly subpoenaed…
1Opinion of the CourtClark, J.
The Court below found that the three witnesses named were necessary and material witnesses for the defendant, duly ■ subpoenaed and examined, but that “for reasons satisfactory to the Court and in the exercise of the discretion in such cases vested in the presiding Judge,” he refused to order the witnesses paid by the County. From this order the defendant and the three witnesses named appealed.
The appellants contend that The Code, Section 747, prescribes that the Judge “shall” direct that the County shall pay the witnesses of an acquitted defendant (unless taxed against the prosecutor), but…
2Cases cited3 opinions
- State v. . MasseySupreme Court of North Carolina · 1889
- State v. . HorneSupreme Court of North Carolina · 1896
- Guilford v. Board of CommissionersSupreme Court of North Carolina · 1897
3Cited by5 opinions
- State v. . PulliamSupreme Court of North Carolina · 1922
- State v. . PasleySupreme Court of North Carolina · 1920
- State v. Wheeler.Supreme Court of North Carolina · 1906
- State v. PulliamSupreme Court of North Carolina · 1922
- Merrimon v. . CommissionersSupreme Court of North Carolina · 1890