Herrington v. Flanders

Supreme Court of Georgia

Herrington v. Flanders

42 S.E. 222, 115 Ga. 823, 1902 Ga. LEXIS 610

CourtSupreme Court of Georgia

DecidedJuly 17, 1902

StatusPublished

Cited by2 cases

This text of 42 S.E. 222 (Herrington v. Flanders) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herrington v. Flanders, 42 S.E. 222, 115 Ga. 823, 1902 Ga. LEXIS 610 (Ga. 1902).

Pincite

Opinion

Pish, J.

1. Under the Penal Code, § 1079, it is manifestly unlawful to charge the accused in a criminal case, upon his conviction, with “ the costs of any witness of the State, unless such witness was subpoenaed, sworn, and examined on the trial.” The prohibition in that section against charging the accused, except as therein indicated, with the costs of “more than two witnesses to the same point” relates, of course, only to witnesses who have actually been “subpoenaed, sworn, and examined.”

2. Under the law above announced, the superior court erred in not sustaining the certiorari.

Judgment reversed.

All the Justices concurring, except Lewis, J., absent.

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