State Ex Rel. Bedford v. McCorkle

Bedford, alleging reincarceration for violation of a conditional pardon, sought relief through petition for habeas corpus. The trial judge dismissed the petition and taxed the defendant with costs.- On appeal the judgment was affirmed but the relator was taxed with all costs. Execution was thereupon issued but returned nulla bona. The Attorney General now moves to have the court retax the costs under section 4945 of Shannon’s Code and adjudge it against the State. The section referred to reads:

“All costs accrued at the instance of the successful party, which cannot be collected out of the…