Commonwealth v. Wood
Supreme Court of Pennsylvania
Costs of double' the number of witnesses sworn, allowed under special circumstances, provided the counsel in the cause could name so many whom their opinion tvere material. THIS was an indictment against Wood and six other journeymen hatters, for a conspiracy.
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Costs of double' the number of witnesses sworn, allowed under special circumstances, provided the counsel in the cause could name so many whom their opinion tvere material. THIS was an indictment against Wood and six other journeymen hatters, for a conspiracy. Fifty-nine witnesses were summoned on behalf of the prosecution, only thirteen of whom were called to the book; and the defendants having been convicted, the costs of the forty-six witnesses who were not called were taxed at 240 dollars, and the entire costs at 308 dollars 9 cents. From this taxation the defendants appealed.
1Per curiam
The number of witnesses summoned seems extravagant. We would not encourage the practice of the public prosecutor’s permitting the man who institutes the prosecution, to summon as many as he pleases. This case is in some respects of a singular nature. There were seven defendants, and they were connected with others not defendants. The court will therefore allow the costs of twenty-six, witnesses, double the number sworn, provided the counsel can name so many, who in their opinion were material.
2Cited by3 opinions
- Commercial Bank v. RossDelaware Court of Common Pleas · 1819
- Commonwealth v. KuglerNorthampton County Court of Oyer and Terminer · 1944
- Commonwealth v. PeiferDauphin County Court of Quarter Sessions · 1922