Bench and Bar Volume 1-4

Bench and Bar Volume 1-4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...with the case of State vs. Ellevin (51 Kan. 784) it is uniformly held that where a defendant dies pending appeal froin his conviction, the judgment for costs is not thereby abated or destroyed. And thus a pardon which is not granted until after conviction and rendition of judgment for costs will not bar the collection of the costs. The term "costs" as applied to criminal cases has been clearly defined. ln the Missouri case of the City of Certerville vs. Cardewell (132 S. W. 745), it was held that "costs in criminal proceedings are those charges fixed by law which have been necessarily incurred in the prosecution of one charged with a public offense as compensation to the officers for their services." In an early Arkansas case it was stated that "they are neither fines nor forfeitures and partake in no respect of the nature either of punishment or of guilt" (Edward vs. The State, 12 Ark. 122). And so it has been held in line with these decisions that a person who is convicted of crime should never be charged beyond the actual costs which were necessarily incurred in obtaining the conviction in the particular case for the particular offense. And where the defendant in a Nebraska case (Larson vs. State, 44 L. R. A. N. S. 617) had been charged in the Magistrate's Court with assault and, after amendment, was committed to the District Court on a charge of assault with a deadly weapon, it was held that on a conviction for simple assault he could not be charged with the increased costs resulting from the other charge. In a federal case where a defendant discharged on preliminary examination was afterwards indicted and convicted for the same offense, it was considered not proper to tax him with the costs of more

Product details

  • Paperback | 118 pages
  • 189 x 246 x 6mm | 227g
  • United States
  • English
  • black & white illustrations
  • 1236760034
  • 9781236760036