Commonwealth v. Doyle

Citations

• 16 Pa. Super. 171
• 1901 Pa. Super. LEXIS 36

Syllabus

<p>Criminal law — Costs—Imposing costs on prosecutor.</p> <p>Where a jury has imposed costs upon a prosecutor, and several terms go by without the court imposing sentence, and it appears that the prosecutor named liad reason to believe that a rule to show cause why the verdict directing the prosecutor to pay the costs should not be stricken off had been asked for by the district attorney when the verdict was rendered, the prosecutor cannot be charged with laches in delaying for several terms in presenting his petition to be relieved from the payment of costs; and the court is in error in refusing such petition on the sole ground that the petition had been presented after several terms of court had passed by. The prosecutor has a constitutional right to a hearing, but after the hearing, the court below has discretionary power over the subject, and its decision is not reviewable in the Superior Court.</p> <p>Where a prosecution is not trifling, but one of grave character, where it is not unfounded but founded upon probable cause, and where there is no evidence of malice in the prosecution, it is the duty of the court to set aside the verdict against the prosecutor for the costs.</p>