State v. Ray
Supreme Court of North Carolina
State v. Ray, 122 N.C. 1095 (N.C. 1898)
Fairoloth
State v. Ray
Opinion of the Court
The defendant was indicted, tried and acquitted of the charge of an assault and battery. There was no prosecutor and no person adjudged to pay the costs as prosecutor.
The defendant prayed the Judge for an order, directing that defendant’s witnesses be paid by the County. His Honor, in the exercise of his discretion, refused to make such an order. The exercise of such discretion is not reviewable in this court. The question is fully considered and decided in State v. Massey, 104 N. C., 877. This discretion is expressly conferred on the court by The Code, 733.
Affirmed.
Reference
- Full Case Name
- STATE v. JESSE RAY
- Status
- Published
- Syllabus
- Criminal Action — Witness Fees — Discretion of Court. It is within the discretion of the trial Court (under Section 733 of The Code) to refuse to make an order for the payment by the county of the fees of witnesses for a defendant acquitted of a criminal charge, where no prosecutor is marked, and the exercise of such discretion is not reviewable.