State v. . Roberts
Supreme Court of North Carolina
This was an appeal from an order of Bynum, J., at January Term, 1889,. of Durham Superior Court, taxing the prosecutor with the costs. Upon receipt of the certificate from this Court (the case is reported in 101 N. C., 744), notice was issued and served on Dickey, the prosecutor, to show cause why he should not be taxed with the costs.
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This was an appeal from an order of Bynum, J., at January Term, 1889,. of Durham Superior Court, taxing the prosecutor with the costs. Upon receipt of the certificate from this Court (the case is reported in 101 N. C., 744), notice was issued and served on Dickey, the prosecutor, to show cause why he should not be taxed with the costs. “After hearing said Dickey, in answer to the said notice, and the Solicitor in reply to the same, the Court doth adjudge and order that L. Dickey, the prosecutor, pay the costs.” From this order Dickey appealed.
1Opinion of the Court
ClaRK, J.:
This is an appeal by the prosecutor (Dickey) from a judgment taxing him with the costs. If the defendant be acquitted, or judgment arrested, or nolle prosequi entered, the Court is empowered by sections 737 and 738 of The Code to adjudge the prosecutor to pay costs in either of four cases — i. e., if the Court shall be of opinion that there was not reasonable ground for the prosecution, or that it was not required by the public interest, or when the Court shall adjudge that the prosecution was frivolous or malicious, and in the last two cases the prosecutor will also be adjudged to…
2Cases cited1 opinion
- Thornton v. . BradySupreme Court of North Carolina · 1888
3Cited by8 opinions
- State v. . CollinsSupreme Court of North Carolina · 1915
- Smith v. SmithSupreme Court of North Carolina · 1891
- State v. . CarltonSupreme Court of North Carolina · 1890
- Smith v. . SmithSupreme Court of North Carolina · 1891
- State v. Butts.Supreme Court of North Carolina · 1904
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