¶1No objection is made to this mode of revising the opinion of the court of common pleas on the principle involved in the taxation of costs. We think the principle *22adopted by the presiding judge was erroneous, and that the defendant is bound to pay for the costs of those witnesses only who attended for the purpose of testifying in reference to the count upon which he was convicted.
70 Mass. 21
Commonwealth v. Ewers
Massachusetts Supreme Judicial Court
Decided September 15, 1855
Massachusetts Supreme Judicial Court · decided 1855-09-15
Indictment for selling intoxicating liquors in violation of St. 1852, c. 322. At the trial in the court of common pleas, the jury returned a verdict of guilty on one count, but disagreed as to other three counts, and the district attorney entered a nolle prosequi on those counts.
Decided 1855-09-15