
    *The Commonwealth v. Nathaniel Hooper, Richard Gillam, Joseph Gillam and William Gillam.
    Criminal Law — Joint Indictment — Costs — Commonwealth Attorney’s Fees.
    
    This Case was adjourned by the Superior Court of Scott county, and presented only the following point: The Defendants were jointly indicted for an affray ; two were acquitted, and two convicted by the jury. The question was, whether the fee to the Attorney prosecuting for the Commonwealth, of ten dollars, given by the Act of Assembly,  should be taxed in the bill of costs against each Defendant convicted.
    
      
      The principal case is cited and followed in Com. v. Sprinkles, 4 Leigh 651. See monographic note on “Pines and Costs in Criminal Cases” appended to Pifer v. Com., 14 Gratt. 710.
    
    
      
       1 Rev. Code of 1819, ch. 69, § 67, p. 241.
    
   Judgment of the Court:

The Court is of opinion, and doth decide, that in this case an Attorney’s fee of ten dollars ought not to be taxed in the bill of -costs against each Defendant, it not appearing that the two Defendants against whom the judgment was rendered, had severed in their defence.  