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114 N.C. 812

19 S.E 145

State v. Baker

Supreme Court of North Carolina

Decided February 15, 1894

Supreme Court of North Carolina · decided 1894-02-15

The defendant was indicted for disposing of mortgaged property, and, upon his trial before Ilolce, J., and a jury, at Fall Term, 1893, of Wilson Superior Court, was acquitted. The Court found that the prosecution was not for the public interest, and adjudged that the prosecutor, C: A. Young, of the firm of C. A. Young & Bro., who was marked on the bill as prosecutor, should pay the costs, whereupon he appealed.

Decided 1894-02-15

Per Curiam :

¶1It was found by his Honor that the prosecution in this action “was not for the public interest,” which was equivalent to a finding that it “was not required by the public interest.” That is conclusive. State v. Roberts, 106 N. C., 662. The appellant, C. A. Young, was marked as prosecutor on the bill before it was acted on by *813the grand jury, and it was proper under those circumstances that he should be adjudged to be liable for costs to the exoneration of the county. The Code, §737; State v. Hamilton, 106 N. C., 660. Affirmed.

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