State v. . Roberts

Citations

• 10 S.E. 900
• 106 N.C. 662

Syllabus

<p>Costs — Prosecutor—Appeal.</p> <p>It is error to tax a prosecutor with costs, unless the Court, upon the facts, shall entertain and express the opinion that there was not reasonable ground for the prosecution, or that it was not required by the public interest, or shall adjudge that the prosecution was frivolous or malicious, or shall be of opinion that there was a greater number of witnesses summoned for the prosecution than was necessary. Such findings of fact, when made, are conclusive and not reviewable on appeal, but they are necessary to be made in order to support the judgment.</p>