People v. Markham

The petitioner was indicted and convicted of the offence of dealing a banking game of cards. The Court below imposed a fine of one hundred dollars, and directed him to he imprisoned until the same was paid.

It is now alleged that the imprisonment was unlawful; First, Because the statute under which the petitioner was convicted, does not direct that a party shall be imprisoned upon the nonpayment of the fine; and Second, Because the judgment of the Court does not specify the length of time of imprisonment.. The four hundred and sixtieth section of the Criminal Prac*209tice Act, page four hundred…