State v. . Sanders
Supreme Court of North Carolina
This was a motion to mark Robert and Rebecca Epley as prosecutors and tax them with the costs in the above-entitled action, heard at Fall Term, 1892, of Burke Superior Court, before Armfield, J. At Pall Term, 1889, of said Court, a true bill was found against the defendant, Rufus Saunders, for a forcible trespass, and at Fall Term, 1890, the said defendant was tried and acquitted, and rule was obtained and notice issued to said Robert and Rebecca Epley to show cause at the…
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This was a motion to mark Robert and Rebecca Epley as prosecutors and tax them with the costs in the above-entitled action, heard at Fall Term, 1892, of Burke Superior Court, before Armfield, J. At Pall Term, 1889, of said Court, a true bill was found against the defendant, Rufus Saunders, for a forcible trespass, and at Fall Term, 1890, the said defendant was tried and acquitted, and rule was obtained and notice issued to said Robert and Rebecca Epley to show cause at the next term why they should not be marked as prosecutors, and taxed with the costs of 'said, action. The said notice having…
1Opinion of the Court
Clark, J.:
When the prosecutor is marked as such before • indictment found or even during the trial term (if present when the order is made, State v. Spencer, 81 N. C., 519) the trial Judge, upon the failure of the prosecution, should pass upon the facts which would justify the taxing of the costs against the prosecutor. He is the proper officer to do this, since, having heard the investigation of the case upon the trial, he is prepared to pass upon the questions of fact requisite to be decided in determining the motion to tax the costs. State v. Hamilton, 106 N. C., 660; State v. Roberts,…
2Cases cited3 opinions
- State v. . HamiltonSupreme Court of North Carolina · 1890
- State v. . BennettSupreme Court of North Carolina · 1885
- State v. . SpencerSupreme Court of North Carolina · 1879
3Cited by3 opinions
- State v. . KinsaulsSupreme Court of North Carolina · 1900
- State v. . ColeSupreme Court of North Carolina · 1920
- State v. . GoochSupreme Court of North Carolina · 1886