State v. Butcher

1 Del. Cas. 334

Opinion

After argument,

per Curiam.

We consider it as a clear point that the defendant is entitled to be discharged without payment of costs, as the acquittal has taken place since the operation of the Constitution. The language of the Constitution plainly applies to the present case. And it would be strange if one man must pay costs and another not, under similar circumstances, merely because of the time when the indictment was found.