State v. Huiatt
Missouri Court of Appeals
Appeal from Holt Circuit Court, Hon. C. A. Anthony, Judge. The case is stated in the opinion. I. The prosecuting witness is not liable for coses, when the prosecution fails, from any cause, unless the offence charged is a trespass against the person or property of another. Rev. Stat., secs. 1768, 1800; Appendix to Kelley’s Crim.
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Appeal from Holt Circuit Court, Hon. C. A. Anthony, Judge. The case is stated in the opinion. I. The prosecuting witness is not liable for coses, when the prosecution fails, from any cause, unless the offence charged is a trespass against the person or property of another. Rev. Stat., secs. 1768, 1800; Appendix to Kelley’s Crim. Law [1880] sec. 279. p. 124. Had this prosecution been by indictment, no prosecutor would have been necessary, and in misdemeanor cases when the indictment is not required to be endorsed by a prosecutor, the county is liable for costs. And the same rule applies to…
1Opinion of the CourtPhilips, P. J.
In May, 1881, William A. Gardner filed with the clerk of the Holt circuit court an affidavit, charging that Daniel ‘ Huiatt et dl., justices of. the county court of that county, had unlawfully and corruptly granted and issued to one Kyger a dram-shop license, without the necessary petition therefor. On this affidavit the prosecuting attorney of the county filed an information against said justices for such offence. On trial defendants were acquitted; and the circuit, court has since assessed the costs of this prosecution, against said Gardner as the prosecutor, and rendered, judgment…
2Cases cited3 opinions
- State v. PattersonSupreme Court of Missouri · 1885
- State v. DickersonSupreme Court of Missouri · 1857
- State v. AllenSupreme Court of Missouri · 1855
3Cited by2 opinions
- City of Greenfield v. FarmerMissouri Court of Appeals · 1917
- State v. WoodMissouri Court of Appeals · 1908