Chambers v. State

SAMFORD, Judge.

The appeal is on the record without a bill of exceptions.

The point is made that the sentence for the fine and costs is void.

Section 3883 of the Code of 1923 provides as a punishment for public drunkenness as therein defined a fine: “To be paid in money only.” This does not mean that the defendant may not be sentenced to hard labor if he fail or refuse to pay the fine. The statute requiring the payment to be made in money only is to guard against payment in depreciated fine and forfeiture claims issued by the county or other depreciated medium. The requirement that the fine be…