Donnelly v. County of Johnson
Supreme Court of Iowa
Appeal from the Johnson District Court. ' At the August term of the district court for Johnson county, 1858, Michael Freeman, and others, were tried on an indictment for murder, and acquitted. William Donnelly, the appellee, was summoned and in attendance upon said court, as a witness for the defence; and his fees, as such witness, for his attendance and mileage, amounted to the sum of seventeen dollars and twenty cents.
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Appeal from the Johnson District Court. ' At the August term of the district court for Johnson county, 1858, Michael Freeman, and others, were tried on an indictment for murder, and acquitted. William Donnelly, the appellee, was summoned and in attendance upon said court, as a witness for the defence; and his fees, as such witness, for his attendance and mileage, amounted to the sum of seventeen dollars and twenty cents. This claim was ¡^resented to the county judge for allowance; and the county judge, entertaining doubt as to the right of the said Donnelly to claim payment from the county,…
1Opinion of the CourtStockton, J.
This judgment of the district court must be reversed. There is no provision in the statute giving *420to a witness for tlie defendant in a criminal prosecution, the right to claim the payment of his witness fees from the county treasury. When called in behalf of the prosecution, lie is to be paid by the county; but in no other case. He must look to the party summoning him as a witness, for his compensation.
Judgment reversed.
2Cited by3 opinions
- Welke v. City of DevenportSupreme Court of Iowa · 1981
- Pierce County v. MagnusonWashington Supreme Court · 1912
- State v. AllenSupreme Court of Iowa · 1871