Ex parte Meyer
Mississippi Supreme Court
Appeal from tbe decision of Hon. E. G. Peyton, chancellor of the Ninth District of Mississippi, dismissing a writ of habeas corpus, and remanding the relator to custody. The Constitution of Mississippi, art. 1, § 11, provides that there shall be no imprisonment for debt. The costs of a criminal prosecution are a debt within the provision, and are not part of the penalty.
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Appeal from tbe decision of Hon. E. G. Peyton, chancellor of the Ninth District of Mississippi, dismissing a writ of habeas corpus, and remanding the relator to custody. The Constitution of Mississippi, art. 1, § 11, provides that there shall be no imprisonment for debt. The costs of a criminal prosecution are a debt within the provision, and are not part of the penalty. State v. Kenny, 1 Bailey (S. C.), 375; State v. Sauvaine, 14 Ind. 21; Thompson v. State, 16 Ind. 516. A pardon removes the penalty, Jones v. Board of Registrars, 56 Miss. 766; but cannot relieve from liability for the costs.…
1Opinion of the CourtChalmers, J.
The relator having served out the term of his imprisonment in the State penitentiary brings this writ of habeas corpus to regain his liberty, of which he alleges that he is illegally deprived by the superintendent of that institution. The superintendent answers that the relator has not paid the costs of prosecution adjudged against him at the time of his conviction, and that, therefore, he is detained in accordance with the twelfth section of “ An Act to Reduce the Judiciary Expenses in this State,” (Acts 1878, p. 164), until he shall by his labor, at an allowance of twenty-five cents per…
2Cases cited3 opinions
- Lower v. WallickIndiana Supreme Court · 1865
- Jones v. QuickIndiana Supreme Court · 1867
- Ex parte GregoryMississippi Supreme Court · 1878
3Cited by4 opinions
- Ex parte McInnisMississippi Supreme Court · 1910
- State v. Morgan.Supreme Court of North Carolina · 1906
- Ex parte DigMississippi Supreme Court · 1905
- State v. BurtMississippi Supreme Court · 1912