Commonwealth v. Bixon

Citations

• 67 Pa. Super. 554
• 1917 Pa. Super. LEXIS 455

Syllabus

<p>Criminal law — Costs—Betting aside verdict — Imposing costs on defendant acquitted.</p> <p>Where a jury in rendering a verdict of acquittal in a criminal case, imposes half of the costs upon the defendant, the court in the exercise of a proper discretion may set aside the portion of the verdict which imposes half the costs upon the defendant.</p> <p>In such a ease the trial court exercises a discretion, judicial in its nature, and is to he guided by the general principles that govern the exercise of judicial discretion. It may be reviewed only so far as to determine whether its exercise is judicial or arbitrary, and it is only an abuse of this discretion that is subject to correction.</p>