Commonwealth v. Davis

Ervin, J.,

Defendants were acquitted in the above case and the jury named Officer Frank Carr as the real prosecutor and placed the costs of prosecution upon him. Sentence for costs was deferred until the prosecutor’s attorney could present an application for the removal of the costs and a brief supporting the same. We are advised in the brief that the Chester Police Association joins in the request to have those costs removed.

Where costs are imposed upon a police officer, the court has a supervisory power to set aside, pro tanto, that part of a verdict of acquittal imposing the costs:…