State v. Kohns

New Jersey Superior Court App Division

State v. Kohns

296 A.2d 660, 121 N.J. Super. 284, 1972 N.J. Super. LEXIS 355

CourtNew Jersey Superior Court Appellate Division

DecidedNovember 15, 1972

StatusPublished

This text of 296 A.2d 660 (State v. Kohns) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Kohns, 296 A.2d 660, 121 N.J. Super. 284, 1972 N.J. Super. LEXIS 355 (N.J. Ct. App. 1972).

Pincite

Opinion

Per Curiam.

Defendant was convicted in the Municipal Court of Borough of Freehold of violating a borough ordinance. On appeal to the Monmouth County Court, after a de novo trial on the record below, his conviction was reversed. He appeals from an order denying his motion to be permitted to recover from the borough, as costs, the fee for filing his appeal and the cost of the transcript of the municipal court hearing.

We affirm the order of the County Court. In the absence of a statute providing otherwise, the State is not liable for costs, incurred in criminal prosecutions. 20 Am. Jur. 2d, Costs, § 107 at 83 (1965). See also State v. Borg, 9 N. J. Misc. 261, 153 A. 374 (Sup. Ct. 1931). We find R. 3:23-8(e), cited by defendant, to be inapposite.

Affirmed.

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Per Curiam.

Defendant was convicted in the Municipal Court of Borough of Freehold of violating a borough ordinance. On appeal to the Monmouth County Court, after a de novo trial on the record below, his conviction was reversed. He appeals from an order denying his motion to be permitted to recover from the borough, as costs, the fee for filing his appeal and the cost of the transcript of the municipal court hearing.

We affirm the order of the County Court. In the absence of a statute providing otherwise, the State is not liable for costs, incurred in criminal prosecutions. 20 Am. Jur. 2d, Costs, § 107 at 83 (1965). See also State v. Borg, 9 N. J. Misc. 261, 153 A. 374 (Sup. Ct. 1931). We find R. 3:23-8(e), cited by defendant, to be inapposite.

Affirmed.

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Bluebook (online)

296 A.2d 660, 121 N.J. Super. 284, 1972 N.J. Super. LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kohns-njsuperctappdiv-1972.