State ex rel. Commissioners v. Guilbert

Citations

• 77 Ohio St. (N.S.) 333

Syllabus

<p>Employment and pay of expert witnesses — Section 1302-1, Revised Statutes — Bill of costs not to be paid out of state treasury.</p> <p>1. The compensation of expert witnesses for their services rendered under Section .1302-1, Revised Statutes (95 O. L., 282), is not costs that the statutes authorize to be paid out of the state treasury.</p> <p>2. The inclusion by the clerk of the court of common pleas of such compensation in the bill of costs of prosecution, and the certificate by the prosecuting attorney of the correctness and legality of such item, and its allowance by the warden of the penitentiary, do not make it the duty of. the auditor of state to draw a warrant for its payment.</p>