29-2703. Costs; county not liable; exception.No costs shall be paid from the county treasury in any case of prosecution for a misdemeanor except as provided in section 29-2709.Source G.S.1873, c. 58, § 535, p. 840; R.S.1913, § 9239; C.S.1922, § 10268; C.S.1929, § 29-2703; R.S.1943, § 29-2703; Laws 1965, c. 125, § 2, p. 462; Laws 1973, LB 226, § 19; Laws 1987, LB 665, § 1. Annotations Taxation of jury costs to defendant under this section requires finding by district court supported by evidence that appeal was frivolous or capricious. State v. Stanosheck, 186 Neb. 17, 180 N.W.2d 226 (1970). Taxing as costs of meals, lodging, and mileage of jurors is not authorized. State v. Jungclaus, 176 Neb. 641, 126 N.W.2d 858 (1964). Costs cannot be paid by county unless approval of prosecution by county attorney is obtained. Conkling v. DeLany, 167 Neb. 4, 91 N.W.2d 250 (1958).
Nebraska Legal Code