77 Neb. 567 | Neb. | 1906
Charles Russell was informed against for the crime of murder in the county of Sioux.. The venue was changed to
At the conclusion of the trial of the case of State v. Russell, the clerk of the district court for Dawes county made out a certified statement of all costs and fees in the case and forwarded it to the county clerk of Sioux county, and the county board of that county audited and allowed all such costs and fees except the per diem of the jurors of the regular panel who were not actually engaged in the trial of the case. No appeal ivas taken from the action of the board, and, while notice was given to the several jurors of the disallowance of a part of the claim made for their fees, no such notice was given to 'the county of Dawes. The appellant now claims that the only remedy existing in favor of any party dissatisfied with the action of the board was by an appeal to the district court, and that Dawes county, although having paid the fees, cannot present a second claim for the fees disallowed, but is barred of its remedy because of its failure, or the failure1 of the jurors, to take an appeal from the action of the board when the claim was first before them. We do not think it necessary to discuss the question of procedure. In our view of the case, the county of Dawes was entitled to recover jury fees to the amount only that was paid to the jurors actually sitting upon the trial. That part of section 456 of the criminal code, relating to the costs incurred on a change of venue in a criminal case, is as follows: “All costs, fees, charges, and expenses accruing from a change of venue, together with all costs, fees, charges, and expenses made or incurred in the trial of, or
We recommend a reversal of the judgment and remanding the .cause for another trial.
By the Court: For the reasons stated in the foregoing opinion, the judgment is reversed and the cause remanded for further proceedings.
Reversed.