Boone County v. MitchellBoone County v. Mitchell
May 15, 1897
- Reporters:
- , ,
- Before:
- Wood
Wood, J.
Where a defendant, indicted for a felony, is tried and acquitted of the felony, but convicted of a misdemeanor of the same generic class included in the indictment, the county is liable for costs if the defendant has no property out of which a judgment for costs can be made. Section 2316, Sand. & H. Dig. Such is the case presented by this record.
Affirmed.