State v. Coats
New Mexico Supreme Court
Appeal from tbe District Court of Sierra County; Merritt C. Mechem, District Judge; Statute under which the Justice of the Peace taxed costs against the prosecuting witness. Laws 1907, ch. 61, sec. 3. The person on whose oath of information any criminal prosecution shall have been- instituted shall be considered the prosecutor.
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Appeal from tbe District Court of Sierra County; Merritt C. Mechem, District Judge; Statute under which the Justice of the Peace taxed costs against the prosecuting witness. Laws 1907, ch. 61, sec. 3. The person on whose oath of information any criminal prosecution shall have been- instituted shall be considered the prosecutor. C. L.' 1897, sec. 3441; 111. Central R. R. v. Herr, 54 111. 356, 359; State v. Millian, 3 Nev. 409; Philips v. Bevans, 23 N. J. L. (3 Zab) 373; H. S. vSandford, 27 Fed Cas. 952. Appellate Courts' will not review matters that are. entirely in the discretion of the Court…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J. —
G. W. Bledsoe was the prosecuting witness in an information filed by the District Attorney, before a Justice of the Peace, against John Coats and his wife, wherein they were charged with conducting a disorderly house within three hundred yards of a school house. Upon trial the defendants were acquitted, and the Justice ■of the Peace found that the prosecution was instituted “maliciously and without probable cause,” and taxed the costs against Bledsoe and ordered him committed until the costs.should be paid. Prom the judgment taxing him with the costs,…
2Cases cited7 opinions
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