156 A. 137 | Vt. | 1931
The appellant was convicted on a criminal charge in the municipal court of Bennington, and the conviction was affirmed at the last term of this Court. State v. Pierce,
Subject to the qualification pointed out by Mr. Justice Taylor in Comstock's Admr. v. Jacob,
The only statutory provisions regarding the taxation of term fees, travel fees, or attorney fees, are found in G.L. 7435. But this section obviously refers to civil cases only. It specifies the items that are to be taxed in favor of the "recovering party." It cannot be that the Legislature intended by the use of this term to include the State in criminal cases. In such cases, the State does not "recover." If successful, it prevails. The items specified are, therefore, unwarranted and areexpunged from the taxation.