State v. . Horton
Supreme Court of North Carolina
MOTION to set aside a judgment taxing the prosecutor with costs, heard at Spring Term, 1883, of Bubke Superior Court, before Gudger, J. At spring term, 1880, an indictment waspending in the superior court of Burke county against A. W. Burley for the offence of perjury, and this defendant (Horton) was marked upon the indictment as prosecutor. At that term, the case was removed to the superior court of Watauga county for trial.
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MOTION to set aside a judgment taxing the prosecutor with costs, heard at Spring Term, 1883, of Bubke Superior Court, before Gudger, J. At spring term, 1880, an indictment waspending in the superior court of Burke county against A. W. Burley for the offence of perjury, and this defendant (Horton) was marked upon the indictment as prosecutor. At that term, the case was removed to the superior court of Watauga county for trial. At the spring term 1880 of that court there was a mistrial because of some defect in the indictment, and the defendant was recognized to appear at fall term, 1880, of…
1Opinion of the CourtMerrimoN, J.
It was error in the superior court of Burke county to tax the prosecutor in a criminal action in that court with the costs of a like action wherein he was prosecutor pending in the superior court of Watauga county. If there was a criminal action and grounds therein in the latter court for taxing the defendant as prosecutor with the costs of prosecution, the order and judgment ought to have been made in that court, not in the superior court of Burke county.
It is settled, also, that the court cannot order the prosecutor to ■pay the costs of prosecution when the grand jury returns the bill of…
2Cases cited3 opinions
- Wolfe v. DavisSupreme Court of North Carolina · 1876
- State v. . SpencerSupreme Court of North Carolina · 1879
- State v. Owens.Supreme Court of North Carolina · 1882
3Cited by7 opinions
- Chivers v. Board of Com'rs of Johnston CountySupreme Court of Oklahoma · 1916
- State v. . GatesSupreme Court of North Carolina · 1890
- Gasser v. SpaldingSupreme Court of Minnesota · 1925
- State v. JohnsonSupreme Court of North Carolina · 1886
- State v. . HamiltonSupreme Court of North Carolina · 1890
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