64 Ark. 125
Decided May 15, 1897
Supreme Court of Arkansas · decided 1897-05-15
Hudgins, Judge. Mitcliell and others sued Boone county on a claim for fees of officers and witnesses incurred in a prosecution for an assault with intent to commit, rape, a felony case, wherein the accused was convicted of an assault and battery. It was agreed that the accused had no property out of which the costs of the prosecution could be made. The county court disallowed the claim, and an appeal was taken to the circuit court, which allowed it. The county has appealed.
Cited by 2 later decisions — most recently December 1924
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1897-05-15
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¶1Where a defendant, indicted for a felony, is tried and acquitted of the felony, but convicted of a misdemeanor of the same generic class included in the indictment, the county is liable for costs if the defendant has no property out of which a judgment for costs can be made. Section 2316, Sand. & H. Dig. Such is the case presented by this record.
¶2Affirmed.