Legal Opinion

Smith v. State

Supreme Court of Arkansas

Decided October 7, 1912PublishedCited by 4 opinions

Appeal from Craighead Circuit Court, Jonesboro District; Frank Smith, Judge; STATEMENT BY THE COURT. Appellant was indicted and tried for a felony. He was convicted of a misdemeanor of the same generic class, and, in default of the payment of the fine and costs, it was adjudged that he be committed to jail.

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Appeal from Craighead Circuit Court, Jonesboro District; Frank Smith, Judge; STATEMENT BY THE COURT. Appellant was indicted and tried for a felony. He was convicted of a misdemeanor of the same generic class, and, in default of the payment of the fine and costs, it was adjudged that he be committed to jail. The costs in the case amounted to $239.25. Appellant moved to retax the costs, setting up that he was acquitted of the felony charge, and that he was only liable for costs consisting of prosecuting attorney’s fee, $10, jury tax $3, and clerk’s costs $1.40, aggregating $14.40. He prayed…

1Opinion of the Court

Wood, J.,

(after stating the facts). In Boone County v. Mitchell, 64 Ark. 125, Mitchell and others sued Boone County for fees of officers and witnesses incurred in a felony case wherein the accused was acquitted of the felony, but convicted of a misdemeanor of the same generic class. In that case we held that the county was liable for the costs, the defendant having no property out of which a judgment for costs could be made. The same rule applies here.

Section 2469 of Kirby’s Digest provides: “Fees allowed in criminal cases shall be paid by the defendant, but if sufficient property belonging…

2Cases cited1 opinion

  1. Boone County v. MitchellSupreme Court of Arkansas · 1897

3Cited by4 opinions

  1. Henderson v. FielderCourt of Appeals of Kentucky · 1919
  2. Pierce v. StateCourt of Criminal Appeals of Oklahoma · 1952
  3. State v. MooreSupreme Court of Arkansas · 1924
  4. Davis v. StateCourt of Criminal Appeals of Oklahoma · 1929

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