26 S.E. 634 | N.C. | 1897
Taxing the prosecutor in a criminal action with costs is in the nature of a civil judgment, from which an appeal lies in his behalf from the Justice of the Peace. S. v. Powell,
But while the findings of fact by the Justice in such cases are reviewable in the Superior Court, the findings of fact by the Superior Court are conclusive and not reviewable in this court. S. v. Taylor,
Besides, no appeal lies in behalf of the State from the Superior Court declining to tax the prosecutor with costs, and still less from the Judge's finding of fact that the person taxed by the Justice of the Peace as prosecutor was not such. The right of the State to appeal in criminal actions is regulated by statute which restricts it to the cases enumerated in The Code, sec. 1237; S. v. Moore,
Appeal dismissed.
Cited: S. v. Whitley,