State v. . Wallin
Supreme Court of North Carolina
Appeae from an order made at Spring Term, 1883, of BuN■combe Superior Court, by Avery, J. The defendant and one Myers, after being tried and convicted of an affray in the inferior court of Buncombe, were- adjudged to pay the costs of the prosecution and- a fine of five dollars each. The judgment was afterwards, during- the term, suspended as to the fine upon payment of the costs of the prosecution.
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Appeae from an order made at Spring Term, 1883, of BuN■combe Superior Court, by Avery, J. The defendant and one Myers, after being tried and convicted of an affray in the inferior court of Buncombe, were- adjudged to pay the costs of the prosecution and- a fine of five dollars each. The judgment was afterwards, during- the term, suspended as to the fine upon payment of the costs of the prosecution. A witness, who had been summoned by the defendant and examined in his defence, had proved and filed his ticket with the clerk, and the charge was in the bill of costs. Before the bill was approved,…
1Opinion of the CourtSmith, C. J.
We are clearly of opinion that the costs of the prosecution, devolving upon the accused in case of conviction, and for which he may be committed. to the custody of' the sheriff, are such only as were incurred in the conduct of the prosecution and making it effectual in a.verdict. Those are not included which the defendant incurred in resisting the prosecution and defending himself from the criminal charge. Such costs are personal to himself, and be, when found guilty, must provide for their payment. This is the obvious sense in which the term is used in the statute when the successful party…
2Cases cited3 opinions
- State v. . CannadySupreme Court of North Carolina · 1878
- Clerk's Office v. . HuffstellerSupreme Court of North Carolina · 1872
- Sheppard v. . BlandSupreme Court of North Carolina · 1882
3Cited by4 opinions
- State v. WebbSupreme Court of North Carolina · 2004
- State v. Morgan.Supreme Court of North Carolina · 1906
- State v. . ManuelSupreme Court of North Carolina · 1838
- Superior Court Office v. . LockmanSupreme Court of North Carolina · 1827