Gibson v. State
Mississippi Supreme Court
From the circuit court of Warren county. HoN. J. D. GillaND, Judge. At the July term, 1889, of the court below appellant pleaded guilty to an indictment charging him with unlawfully retailing spirituous liquors. Thereupon judgment was entered suspending sentence as to a fine, but the defendant was taxed with the costs of the prosecution, and it was ordered that he should stand committed until the costs were paid.
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From the circuit court of Warren county. HoN. J. D. GillaND, Judge. At the July term, 1889, of the court below appellant pleaded guilty to an indictment charging him with unlawfully retailing spirituous liquors. Thereupon judgment was entered suspending sentence as to a fine, but the defendant was taxed with the costs of the prosecution, and it was ordered that he should stand committed until the costs were paid. It does not appear that he either consented or objected to the order; as to this the record is silent. At the March term, 1890, on motion of the district attorney, the court…
1Opinion of the CourtCampbell, J.
As the defendant pleaded guilty, and was liable to be immediately sentenced to pay a fine and costs, and to be imprisoned, and the court, presumably with the consent of the defendant for whose benefit it was and who did not object, suspended judgment and postponed sentence except for costs, no wrong was done to him by pro*243nouncing at a future term tbe sentence, which might have been immediately given, but was thus delayed.
It is not the case of a second punishment for an offense.
It does not appear that the costs were paid but, if they were, that was the condition on which the postponement of…
2Cited by15 opinions
- State v. EverittSupreme Court of North Carolina · 1913
- People ex rel. Boenert v. BarrettIllinois Supreme Court · 1903
- Fuller v. StateMississippi Supreme Court · 1911
- State v. . CrookSupreme Court of North Carolina · 1894
- State v. . HiltonSupreme Court of North Carolina · 1909
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