No defendant shall be liable for the costs of any witness of the state, unless such witness was subpoenaed, sworn, and examined during the trial, nor for the costs of more than two witnesses testifying on the same point, unless the court shall certify that the question at issue was of such a character as to require the testimony of more than two witnesses.
(Laws 1799, Cobb's 1851 Digest, p. 277; Code 1863, § 3608; Code 1868, § 3632; Code 1873, § 3682; Code 1882, § 3682; Penal Code 1895, § 1079; Penal Code 1910, § 1106; Code 1933, § 27-2802.)
Law reviews.- For article on whether one's property is forfeited after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).
JUDICIAL DECISIONS
Limitation as to witnesses testifying on same point applies only to those subpoenaed, sworn, and examined.
- Prohibition in this section against charging the accused with the costs of more than two witnesses to the same point relates only to witnesses who have actually been subpoenaed, sworn, and examined. Herrington v. Flanders, 115 Ga. 823, 42 S.E. 222 (1902).
Residence of witnesses.
- Person tried and convicted of a criminal offense is taxable for costs with the fees of witnesses sworn and examined in behalf of the state whether the witnesses reside in the county or not. Brown v. State, 86 Ga. 375, 12 S.E. 649 (1890).
Cited in Lumpkin County v. Davis, 185 Ga. 393, 195 S.E. 169 (1938); Holloway v. State, 178 Ga. App. 141, 342 S.E.2d 363 (1986).
RESEARCH REFERENCES
ALR.
- Validity of contract to testify, 41 A.L.R. 1322; 45 A.L.R. 1423.
Power of court which appoints or employs expert witnesses to tax their fees as costs, 39 A.L.R.2d 1376.
Right of witness detained in custody for future appearance to fees for such detention, 50 A.L.R.2d 1439.
Items of cost of prosecution for which defendant may be held, 65 A.L.R.2d 854.
Allowance of mileage or witness fees with respect to witnesses who were not called to testify or not permitted to do so when called, 22 A.L.R.3d 675.