State v. Owens.
Supreme Court of North Carolina
Appeal from an order' taxing the prosecutor with costs,, made at Fall Term, 1882, of Transylvania Superior Court,, by Shepherd, J. At spring term, 1881, an indictment for perjury was preferred against one Alfred Cantwell, upon which John Owens, the defendant of record in this appeal, was marked as the prosecutor, at the time and before the finding of the bill.
Read the full summary
Appeal from an order' taxing the prosecutor with costs,, made at Fall Term, 1882, of Transylvania Superior Court,, by Shepherd, J. At spring term, 1881, an indictment for perjury was preferred against one Alfred Cantwell, upon which John Owens, the defendant of record in this appeal, was marked as the prosecutor, at the time and before the finding of the bill. At spring term, 1882, the cause was tried and the defendant, Cantwell, was acquitted, and the presiding judge-(Gilliam), after declaring the prosecution to have been malicious, ordered that the defendant, Owens, so marked as prosecutor,…
1Opinion of the CourtRufein, J.
The-defendant’s motion to vacate the order-taxing him with the-costs of the main prosecution-and the-fees of the necessary witnesses for the defence thereof, was-properly overruled.. Indeed,.it is- much to be questioned. whether it was proper to entertain it at all, since the statute gives to the judge, who tries the cause, the exclusive right to determine these matters.
Of course, however, if he proceed irregularly and contrary to the course of the court, the party affected is entitled to be relieved, and he may be so at a subsequent term. We infer that in this case His Honor consented to…
2Cases cited1 opinion
- State v. . SpencerSupreme Court of North Carolina · 1879
3Cited by5 opinions
- State v. . HamiltonSupreme Court of North Carolina · 1890
- State v. CoatsNew Mexico Supreme Court · 1913
- State v. . DunnSupreme Court of North Carolina · 1886
- State v. . HortonSupreme Court of North Carolina · 1883
- State v. . JonesSupreme Court of North Carolina · 1895