Commonwealth v. Kocher

Citations

• 23 Pa. Super. 65
• 1903 Pa. Super. LEXIS 17

Syllabus

<p>Criminal law — Costs—Imposition of costs — Jury—Discretion.</p> <p>In disposing of the costs in a criminal prosecution, the discretion of the grand jury, of the petit jury, and of the court, is in its nature judicial, and is to be guided in its operation 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> <p>In imposing costs in a criminal prosecution the jury may look beyond the name of an officer indorsed on the indictment, and impose the costs upon the actual prosecutor. Thus, where a person avows himself the prosecutor, employs an officer who secures the evidence and makes the information, and where such person also retains a private counsel to assist in the prosecution, he may be named by the jury as the prosecutor, and in a proper case the costs may be imposed upon him.</p> <p>A failure to convict, from want of evidence, does not take from the jury the control of the costs in cases within the discretion given them by statute.</p> <p>It is the better practice when there appears ground for raising a question as to liability for costs on the part of either prosecutor or defendant, to request a direction by the court, instead of seeking relief after verdict or for the court to direct without request.</p> <p>Where a prosecutor has given to the district attorney fully and fairly the knowledge in his possession respecting a ease, he should not have the costs imposed upon him by reason of a failure to convict because a large amount of the evidence was excluded through a technical defect in an indictment; but if the prosecutor employs private counsel who participates with the disí rict attorney in the conduct of the case, and makes suggestions as to the form of indictment, the prosecutor cannot complain of the costs being imposed upon him by reason of failure to convict thro