PEOPLE v. LAVAN

Docket No. 17429.

53 Mich. App. 220 (1974)

218 N.W.2d 797

PEOPLE v. LAVAN

Michigan Court of Appeals.

Decided May 1, 1974.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Donald Ubell, Director, Prosecuting Attorneys Appellate Service, for the people.

Michael K. Hegarty, for defendant.

Before: McGREGOR, P.J., and R.B. BURNS and R.L. SMITH, JJ.


R.B. BURNS, J.

Plaintiff brought criminal charges against the defendant for commingling public and private funds in his capacity as justice of the peace in violation of MCLA 750.490; MSA 28.758. Defendant was acquitted by a jury. Defendant petitioned the trial court for costs and attorney's fees. The trial judge awarded defendant costs and attorney's fees in the amount of $15,115.20. Plaintiff appeals the award. We reverse.

Such an award is barred by the sovereign...

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