{
  "id": 8651613,
  "name": "THE STATE v. J. A. LANCE",
  "name_abbreviation": "State v. Lance",
  "decision_date": "1891-09",
  "docket_number": "",
  "first_page": "789",
  "last_page": "790",
  "citations": [
    {
      "type": "official",
      "cite": "109 N.C. 789"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "106 N C., 660",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8651920
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/106/0660-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 146,
    "char_count": 2211,
    "ocr_confidence": 0.525,
    "pagerank": {
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    "sha256": "7d83063d19c7ccfda51f15471505dbb993aa58358790ebcb9c50099a330e752e",
    "simhash": "1:dda3d67846a786b8",
    "word_count": 386
  },
  "last_updated": "2023-07-14T20:47:39.876308+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE STATE v. J. A. LANCE."
    ],
    "opinions": [
      {
        "text": "Davis, J.:\nUnder \u00a7\u00a7 737 and 1204 of The Code, in all criminal actions if the defendant be acquitted, nolle prosequi entered, or judgment arrested, if the prosecution shall appear to have been frivolous or malicious the Court may order the prosecutor to pay the costs, whether marked on the bill or not; and, under \u00a7 738 of The Code, he may be imprisoned for the non-payment thereof if the Court, Judge or Justice before whom the trial was had \u201c shall adjudge that the prosecution was frivolous or malicious.\u201d It is found as a fact by the Judge below that the prosecution was both frivolous and malicious, and he adjudged that the prosecutor Sumner pay the costs, and this is conclusive. State v. Hamilton, 106 N C., 660.\nNo error.",
        "type": "majority",
        "author": "Davis, J.:"
      }
    ],
    "attorneys": [
      "The Attorney General, for the State.",
      "No counsel for defendant."
    ],
    "corrections": "",
    "head_matter": "THE STATE v. J. A. LANCE.\nCosts \u2014 Prosecutor\u2014Judge\u2019s Finding Conclusive:\nThe finding by the Judge below that a criminal prosecution was frivolous and malicious is conclusive, and will support a judgment that the prosecutor pay costs, or in default thereof be imprisoned.\nThe defendant J. A. Lance and four others were indicted for assault and battery with deadly weapons upon J. H. Sumner, and tried at June Term, 1891, of the Criminal Court of Buncombe County, before Carter, J.\nThere was a verdict of not guilty as to the defendant J. A. Lance, and the Solicitor consented to a verdict of not guilty as to the other defendants. The counsel for the defendants moved that J. H. Sumner be marked as prosecutor, whereupon the Court made the following order:\n\u201c On the hearing of the testimony, the Court being of the opinion -that J. H. Sumner should be marked as prosecutor in this case, it is adjudged that he be so marked. The Court being further of the opinion, from evidence on the trial, and the affidavits and testimony, that the prosecution of this case was both frivolous and malicious, it is adjudged that the same was frivolous and malicious, and that the'said prosecutor J. IT. Sumner pay the costs of this case, and in default of such payment that he be imprisoned in the common jail of Buncombe County until the same is paid and then discharged according to law.\u201d\nWhereupon the prosecutor Sumner appealed.\nThe Attorney General, for the State.\nNo counsel for defendant."
  },
  "file_name": "0789-01",
  "first_page_order": 823,
  "last_page_order": 824
}