Burns v. State
Supreme Court of Alabama
Writ of Error, allowed by the Chief Justice, to the Circuit Court of Benton county The plaintiff in error was the prosecutor of a certain individual indicted for petit larceny. He was acquitted of the charge, and the couid, after rendering its judgment on the verdict of not guilty, proceeded, on the motion of the counsel for the person thus discharged, to render judgment against the prosecutor for the costs, for which the execution was directed to issue.
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Writ of Error, allowed by the Chief Justice, to the Circuit Court of Benton county The plaintiff in error was the prosecutor of a certain individual indicted for petit larceny. He was acquitted of the charge, and the couid, after rendering its judgment on the verdict of not guilty, proceeded, on the motion of the counsel for the person thus discharged, to render judgment against the prosecutor for the costs, for which the execution was directed to issue. The object of the writ of error is to reverse or set aside this conviction. cited, Digest 122, § 55; ib. 452, § 8.
1Opinion of the Court
The Attorney General considering the case as between the prosecutor and the defendant to the indictment, declined to argue it.
GOLDTHWAITE, J.
We have two enactments upon the subject of taxing prosecutors with costs; the first was passed in 1807, and directs that whenever’the State shall fail upon the prosecution of any offence of an inferior nature, the court, at its discretion, may oi'dcr the costs to be paid by the prosecutor, in case such prosecution shall appear to have been frivolous or malicious; the other is an act of 1811, which imposes the duty on the attorney general, to mark on all…
2Cited by3 opinions
- Rickley v. StateNebraska Supreme Court · 1902
- Tuck v. StateSupreme Court of Alabama · 1845
- Wilson v. AuldSupreme Court of Alabama · 1845