Legal Opinion

Peters v. State

Supreme Court of Georgia

Decided August 15, 1850No. 22PublishedCited by 12 opinions

Burglary,.in Henry Superior Court. Decided by Judge Stark. At the April Adjourned Term, 1850, of Henry Supferior Court, the plaintiff in error filed a plea of guilty to an indictment for burglary.

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Burglary,.in Henry Superior Court. Decided by Judge Stark. At the April Adjourned Term, 1850, of Henry Supferior Court, the plaintiff in error filed a plea of guilty to an indictment for burglary. The Solicitor General then moved the Court to tax in the bill of cost, against the plaintiffin error, the following items, to wit: Prisoner’s rail road fare, and other expenses...........‡3 30 Bringing defendant before the Court 4 times............5 00 Serving nine subpoenas.....................................5 62|- Guard conveying prisoner to jail..........................7 50 Guarding jail 115…

1Opinion of the Court

*111 By the Court.

Warner, J.

delivering the opinion.

The first ground of error taken in this case is, to the decision of the Court allowing the bill of costs charged against the defendant.

Two of the items charged, we think, are objectionable. The officer charging costs should always show the authority of the law to exact its payment from the pocket of the citiz.en.

[1.] We are not aware of the provisions of any fee bill, regulated by Statute, which authorizes the officer to charge rail road fare in conveying a prisoner from one place to another. The officer is allowed to charge mileage for conveying…

2Cited by12 opinions

  1. Giddens v. StateCourt of Appeals of Georgia · 1980
  2. Martin v. StateCourt of Appeals of Georgia · 1988
  3. Smith v. StateSupreme Court of Georgia · 2000
  4. Walton County v. DeanCourt of Appeals of Georgia · 1918
  5. Pierce County v. MagnusonWashington Supreme Court · 1912

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