Heist v. People

56 Ill. App. 391, 1894 Ill. App. LEXIS 751

Opinion

Mr. Justice Harker

delivered the opinion oethe Court.

Plaintiff in error, charged by indictment with the commission of a misdemeanor, at the May term, 1892, of the court below, moved for a continuance and supported his motion by affidavit. The court sustained the motion but continued the cause at his costs.

At the October term, following, a trial was had resulting in his acquittal. He now brings the record to this court "and asks a reversal of the judgment against him for the people’s costs of the May term, 1892, amounting to $135.55.

Where a defendant, who is tried upon a criminal charge, is acquitted, he is absolved from the payment of all costs. Wells v. McCullock, 13 Ill. 606; McArthur v. Artz, 129 Ill. 352.

If he shows a legal right to a continuance in order to properly present his defense, he can not be compelled to pay the costs of the term to obtain it. Judgment reversed.