Wright v. Donaldson

Citations

• 158 Pa. 88
• 27 A. 867
• 1893 Pa. LEXIS 1547

Syllabus

<p>Criminal law — Costs—Liability of county — Act of May 19, 1887.</p> <p>The suspension of sentence and the discharge of defendant without day, is such a final order, sentence or judgment as will render the county liable at once for costs under the act of May 19, 1887, P. L. 138, which provides that the county shall be liable at once “ on the termination of the prosecution by the bill of indictment being ignored by the grand jury, or by a verdict of a traverse jury and sentence of the court thereon.”</p> <p>Plaintiff was a witness on behalf of the commonwealth upon a trial of a prisoner for a misdemeanor. The prisoner was convicted. A motion was made for a new trial, which was refused; but the court suspended sentence indefinitely and-the prisoner was discharged from his recognizance and allowed to go without day. Held, that plaintiff was entitled to his witness fees at once from the county.</p>