Merrimon v. Commissioners of Henderson County

Citations

• 106 N.C. 369

Syllabus

<p>Coste in Criminal Proceedings — Justice's Court — Frivolous and Malicious Prosecutions — Costs of Witnesses — The Code, §§ 895, 8756.</p> <p>In brief, the law as to costs in criminal cases before a Justice is — (1). If the defendant is convicted he is taxed with the costs. 2. If defendant is acquitted, or proceedings dismissed, the complainant is taxed with the costs, if the prosecution is adjudged frivolous or malicious, and may be imprisoned for non-payment thereof. 3. If the prosecution fails, and is not adjudged frivolous or malicious, no costs are taxable. 4. When the Justice has final juiisdiction, if defendant is convicted and appeals to the Superior Court, this is a case “commenced ” before the Justice, and is governed by section 895, and the county is not liable for costs in either Court. 5. When the Justice has not final jurisdiction, if the evidence is sufficient to bind the defendant over to the Superior Court, the costs, including those of the Justice’s Court, are adjudicated by the Superior Court.</p>