Commonwealth v. Eshleman

Schaeffer, J.,

The defendant was prosecuted by Abram Haines, a constable of Rapho Township, Lancaster County, for violation of the liquor law. The jury found the defendant not guilty and imposed the costs on the prosecutor, Abram Haines, naming him in their verdict. The court is now asked to remit or strike off the costs on the grounds that the prosecutor was a public officer, that the prosecution was of a grave character and founded on probable cause, and that no malice was shown on the part of the prosecutor.

According to the testimony of the constable, he purchased from the defendant, at the…