81 Iowa 566 | Iowa | 1890
The grand jury of Bremer county returned an indictment against defendant, charging him with the commission of a felony. The place of trial was changed to Black Hawk county, and defendant was there tried and convicted. From the judgment of conviction defendant appealed to this court, and the judgment of the district court was reversed. In prosecuting his appeal, defendant prepared and filed in this court a number of printed copies of an abstract of the record, as required by the rules. The attorney general, believing that the abstract so presented was imperfect, caused to be prepared and printed copies of an additional abstract. Application is now made to us to tax the costs of printing the abstracts to the state, to the end that they may be paid by Bremer county.
We understand it to be conceded that there is no statute expressly requiring the payment of such costs as those in question, by the county liable for the costs of prosecution. But it is urged that such liability arises, by implication, from a fair construction of certain provisions of law which we will now consider. Section 2, of chapter 73, of the Acts of the Twenty-first General Assembly provides that, “in every criminal
What we have said has no application to abstracts prepared and printed by defendants in criminal cases. It was decided in Red v. Polk Co., 56 Iowa, 98, that a county is not liable for the cost of printing such abstracts, even though the defendant be discharged after a reversal of the judgment by this court. In State v. Rainsbarger, 74 Iowa, 540, it was held, that neither the county nor the state is liable for such costs. It follows from what we have said that, although the state should pay for printing the abstracts prepared by the county attorney, such payment should be made on application to the executive council, and that the expense of printing cannot be taxed as costs in this case. The motion to so tax them is, therefore, over-