Boone County v. Mitchell
64 Ark. 125
Ark.
1897
Check Treatment
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.