Commonwealth v. McCarthy

Citations

• 67 Pa. Super. 135
• 1917 Pa. Super. LEXIS 358

Syllabus

<p>Criminal law — Costs—Imposition of costs on prosecutor — Relief —Discretion of court.</p> <p>Where a railroad, company is the real prosecutor in a criminal case and the jury, in acquitting the defendant, imposes the costs on the company, the court is not bound to set aside the verdict as to costs because the prosecution was instituted in good faith and founded upon probable cause.</p> <p>Whether the verdict should or should not be set aside is a matter of discretion and not merely the performance of a ministerial duty.</p>