State v. Ray

Supreme Court of North Carolina

State v. Ray

122 N.C. 1095

DecidedMay 11, 1898

StatusPublished

This text of 122 N.C. 1095 (State v. Ray) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Ray, 122 N.C. 1095 (N.C. 1898).

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Opinion

Fairoloth, tí. J.:

The defendant was indicted, tried and acquitted of the charge of an assault and battery. There was no prosecutor and no person adjudged to pay the costs as prosecutor.

The defendant prayed the Judge for an order, directing that defendant’s witnesses be paid by the County. His Honor, in the exercise of his discretion, refused to make such an order. The exercise of such discretion is not reviewable in this court. The question is fully considered and decided in State v. Massey, 104 N. C., 877. This discretion is expressly conferred on the court by The Code, 733.

Affirmed.

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Fairoloth, tí. J.:

The defendant was indicted, tried and acquitted of the charge of an assault and battery. There was no prosecutor and no person adjudged to pay the costs as prosecutor.

The defendant prayed the Judge for an order, directing that defendant’s witnesses be paid by the County. His Honor, in the exercise of his discretion, refused to make such an order. The exercise of such discretion is not reviewable in this court. The question is fully considered and decided in State v. Massey, 104 N. C., 877. This discretion is expressly conferred on the court by The Code, 733.

Affirmed.

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Bluebook (online)

122 N.C. 1095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ray-nc-1898.

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