(a) If, upon indictment or information, the defendant is acquitted, the costs shall be paid by the county.

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Terms Used In Delaware Code Title 11 Sec. 4102

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

(b) In cases of surety of the peace (which are herein deemed to be cases of a criminal nature) the court may order that the costs shall be paid by the defendant or by the prosecutor or by the county, as it deems just.

Code 1852, §§ ?2942, 2943; 20 Del. Laws, c. 596; Code 1915, § ?4817; Code 1935, § ?5305; 11 Del. C. 1953, § ?4102; 63 Del. Laws, c. 140, § ?1;