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State v. Hill

2 Del. Cas. 123 Court Court of Quarter Sessions. Sussex. Decision date 1799-04-27 English

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p. 123
STATE v. LEVIN HILL, and fourteen or fifteen others.
Court of Quarter Sessions. Sussex.
April 27, 1799.
Rodney’s Notes.[1]
p. 124
Wilson for defendants.
It was contended in the former argument every indictment was several. I say an indictment may be joint, several, or joint and several. 4 Com.Dig. 391, Str. 921, indictment will not lie against several for some crimes, as perjury etc.
Bayard for State.
Judgment of the Court is that each defendant shall pay fifteen dollars and the “costs of this prosecution” and that each party shall pay separate costs as well as separate fines. Therefore the question is concluded by the judgment. The offense and punishment especially are several. Where a number collect to commit an offense, the crime- is greater than if an individual.
Wilson in conclusion.
The case read in circuit not law, being contradicted by Str. 921. If the bill had not been found, county must have paid separate costs. [2] Del.Laws 1108.

The Court consider that the Attorney General is entitled to separate fees.