State v. Stanley , 2 Kirby 25 ( 1787 )

THIS was a binding over by a Justice of the Peace for passing a counterfeit certificate. —The attorney for the state enquired into the facts and found the case insupportable and entered a nolle profequi.—He however moved the Court that cost might be taxed against Stanley; on this ground, that Stanley occasioned the prosecution entirely by his improper and suspicious conduct at the time he was brought before the Justice; that he then refused to plead or give any account of the matter; which if he had done he might have evinced his innocence; Therefore by his refusal to disclose the truth and render an account of the matter, he rendered the prosecution necessary and ought to be holden to pay the cost.—

Pr. tot: Cur: Where the state attorney enters a nolle it is to be intended there was no cause of action; and it is more conclusive than an acquittal of the Grand Jury; therefore cost cannot be taxed.—