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141 Ky. 730

Commonwealth v. Bottoms

Court of Appeals of Kentucky

Decided January 24, 1911

Court of Appeals of Kentucky · decided 1911-01-24

<p>Taxed Attorney’s Fee&emdash;"Criminal Cases&emdash;To Whom Paid.&emdash;The only provision for a taxed 'attorney’s fee in a criminal case is section 354 Criminal Code, and under it the fee is for the benefit of the attorney general, and by section 117-a, Ky. St., now goes into the State Treasury.</p>

Decided 1911-01-24

¶1Opinion of the Court by

Chief Justice Hobson—

¶2On motion for taxed attorney’s fee by city attorney.

¶3These prosecutions were instituted against appéllee for an infraction of a city ordinance and-judgment having been entered for him the Commonwealth appealed to this court where the judgment was affirmed. The clerk taxed an attorney’s fee and it was paid into the State treasury. Of this the city by its attorney complains.

¶4The only provision for a taxed attorney’s fee in a criminal case is section 354, Criminal Code, and under it the fee is for the benefit of the attorney general, and by section 117a, Kentucky Statutes, now goes into the State treasury. There being no other provision of law for a taxed attorney’s fee herein the city cannot complain. (See Commonwealth v. Bottoms, 140 Ky., 212.)

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