Supreme Court of Arkansas, 1897

Boone County v. Mitchell

Boone County v. Mitchell
Supreme Court of Arkansas · Decided May 15, 1897 · Wood
64 Ark. 125; 40 S.W. 784; 1897 Ark. LEXIS 19

Boone County v. Mitchell

Opinion of the Court

Wood, J.

Where 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.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.