Opinion
June Term, 1821.
Practice — Costs.
This case was heard before Daniel, J., at the Spring Term, 1821, of CASWELL Superior Court, when it appeared that Sarah Jeffreys had been convicted of murder, and sentence of death had been pronounced, with judgment against her for the costs. The prisoner appealed to the Supreme Court and gave the defendants as securities to the appeal bond. The Supreme Court overruled the prisoner's exceptions, and final judgment was pronounced by Caswell Superior Court. The Governor afterwards pardoned the prisoner, and she took the insolvent's oath. Vide, S. v. Jeffreys, 7 N.C. 480. The defendants were charged with the costs, and contended they were only liable for the costs (356) of the Superior Court. The solicitor-general contended they were liable for the costs of the Supreme Court and the costs of the Superior Court, including prison charges. The court decided that the defendants were liable for the costs of the Superior and Supreme Court, but that the prison charges were not to be taxed in the bill of costs, and rendered judgment against the defendants accordingly, from which the solicitor-general appealed.
This Court passes no judgment in criminal cases, except for the costs expended in this Court. It acts directory to the court below, and its power to award costs expended here arises only from construction. Caswell Superior Court will therefore enter up judgment for all costs, except the costs of this Court. The jailer's fees form no part of the costs, consequently they are not to be included in the judgment.
Cited: S. v. Patterson, 27 N.C. 89.
(359)