69 Mo. App. 31 | Mo. Ct. App. | 1897
This is an appeal'from a judgment taxing certain costs against the defendant, though the state dismissed the indictments after the cost had been incurred. In January, 1895, three indictments w’ere found against the defendant for violation of the election laws. The cause was continued to the April term, and during that time the defendant gave notice and took the depositions of certain witnesses. On the- application of the prosecuting attorney the court appointed a special commissioner to take the depositions. The parties procured and took the testimony of a number of witnesses, the majority, if not all, of whom were the same as those named on the indictments as witnesses for the state. Following the taking of these depositions the state dismissed the case; and the court, at the suggestion of the prosecuting attorney, adjudged the costs of taking these depositions against defendant, and he appealed.
the criminal court, in so far as it taxes the costs attending the taking of the depositions in question, will be reversed.