Neal v. Commissioners of Burke
Supreme Court of North Carolina
Appeal from a judgment rendered by a justice of the peace heard* at Pall Term, 1881, of Burke Superior Court, before Seymour, J. The following is the case agreed; One Hoke C, Secrest, a citizen of Union county, North Carolina, in passing through Burke county was charged with the murder of his wife and child. A bill of indictment was found against him by the grand jury of Burke county.
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Appeal from a judgment rendered by a justice of the peace heard* at Pall Term, 1881, of Burke Superior Court, before Seymour, J. The following is the case agreed; One Hoke C, Secrest, a citizen of Union county, North Carolina, in passing through Burke county was charged with the murder of his wife and child. A bill of indictment was found against him by the grand jury of Burke county. Afterwards the case was re* moved to McDowell county for trial, and at the next term of the superior court held for McDowell, the said Hoke 0. Secrest was tried and convicted. An appeal was prayed and granted,…
1Opinion of the CourtAshe, J.
If the expenses of carrying the prisoner to the asylum were a part of the costs of the prosecution, the county .•of Burke would only be liable to pay the plaintiff’s claim upon the acquittal of the prisoner, or upon his conviction' and. inability to. pay the costs, or if a nolle prosequi should be entered,,or the judgment arrested;, and not then until the bill of costs should be “audited, approved and adjudged”' according to the requirements of the act of 1879; ch. 264.. But this expense incurred by the plaintiff is no p rt of the costs o-f the prosecution. It is a-n expense growing out of a…
2Cases cited1 opinion
- State v. . SecrestSupreme Court of North Carolina · 1879
3Cited by1 opinion
- Commissioners of Burke v. . Commissioners, BuncombeSupreme Court of North Carolina · 1888