Israel v. State

Indictment for a felony, trial, and acquittal. Motion to tax the fees of the defendant’s witnesses against the State. Motion overruled. The only question made in the cause is upon the denial of said motion. It is contended that the statute of 1855 requires such taxation of costs; but we do not think it should be so construed (1).

It is further contended that the Court should have *468^axe<^ ^e cosfs under that provision of the constitution which declares that, “ no man’s particular services shall demanded without just compensation.” But we do not think so. The old constitution contained a like…