18 Pa. 493 | Pa. | 1852
The opinion of the Court was delivered, by
An indictment for conspiracy was pending in the Quarter Sessions of Berks, on which a verdict of guilty had been rendered by a traverse jury, and a new trial granted by the Court. The prosecutor and the defendants agreed to settle if the county w'ould pay the costs. It is alleged that the Commissioners agreed to this, and a nolle prosequi was entered accordingly. The present action is against the county on the Commissioners’ promise.
In the case of an acquittal, nothing but the verdict of a jury can bind the county for costs. All jurisdiction is withheld from every other functionary. The Commissioners have no more control of the question than the sheriff or prothonotary. The law has wisely left the decision to be made by a tribunal which hears the evidence and understands the justice of the case. To transfer it from the Courthouse to the Commissioners’ office would be very impolitic. If it were so transferred, the parties, when they would tire of the strife or become frightened with the prospect, might unite their influence and easily induce a board of commissioners, ignorant both of the law and the facts, to impose on the county expenses which ought to be borne by those who created them. The Commissioners, in supposing that the interests of the county were not safe in the hands of a jury, were probably mistaken. It is not usual for juries to put costs on the county, except in a clear case of innocence on the part of the defendant, and proper motives on the part of the prosecutor. In such a case the public ought to bear the burden; and an interference by the Commissioners to prevent the jury from so deciding, would be both unjust and unauthorized. Besides, the nolle prosequi was no termination of the case. The indictment might be called up again at the will of either party, and thus the county be in as much danger as ever of a verdict against it.
There are also objections to this record of another kind. Though it professes to be a case stated in the nature of a special verdict, the fundamental fact is not found. The evidence of the contract is furnished to us in a raw state, and so doubtful that what one party affirms to be proved by it, the other as stoutly denies. Perhaps a jury might infer an agreement from it, but a Court cannot. In a case stated, whatever is not distinctly and expressly agreed upon and set forth as admitted, must be taken not to exist. It is not even settled what judgment shall be given if the law is with the plaintiffs, nor is any rule or principle agreed upon by which the amount shall be liquidated. The case is therefore not only destitute of merits, but out of all technical shape.
Judgment reversed and judgment in favor of the defendant below.