State v. . Darr
Supreme Court of North Carolina
Order to pay costs, made by Gloud, J., at Spring Term 1869, of the Superior Court of Forsyth. The defendant was endorsed as prosecutor on a bill of indictment for larceny of a mule, found at Fall Term 1867. On the trial there was a verdict of “not guilty,” and, the prisoner-was discharged.
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Order to pay costs, made by Gloud, J., at Spring Term 1869, of the Superior Court of Forsyth. The defendant was endorsed as prosecutor on a bill of indictment for larceny of a mule, found at Fall Term 1867. On the trial there was a verdict of “not guilty,” and, the prisoner-was discharged. Afterward, his Honor the Judge presiding-having certified that there was not reasonable ground for the prosecution, and that it was pot required by the public interest, but was frivolous and malicious, on motion, it was ordered that the prosecutor Henry C. Darr, pay all costs of the cause,, to be taxed by…
1Opinion of the CourtReade, J.
The offence charged, larceny, was one “of an inferior nature” within the meaning of the statute, Rev. Code-ch. 85 sec. 37, which authorizes the Court to make the prosecutor pay the costs where the defendant is acquitted, and the-prosecution “appears to be frivolous or malicious.” State v. Lumbrick, 1 Car. L. R. 543.
It appeared to his Honor that “there was not reasonable ground for the prosecution, and that it was not required by the public interest, and was ‘frivolous and malicious.’ ” If then the case were governed by the law as it stood when the offense was charged to have been committed,…
2Cited by3 opinions
- In re EbenhackSupreme Court of Kansas · 1877
- Colby v. BackusWashington Supreme Court · 1898
- State v. . HodsonSupreme Court of North Carolina · 1876