In re Grinstead

The opinion of the court was delivered by

Greene, • J.:

This is an original proceeding in habeas corpus. The petitioner, Pool Grinstead, was convicted of criminal libel in Doniphan county and sentenced to imprisonment for a definite period and until the costs should be paid. The time for which he was committed expired prior to the filing of his petition herein, and he is now being held for the nonpayment of costs. He claims that it is only in cases where a fine is imposed that a court has the power to commit a defendant to jail for the non-payment of costs, and his imprisonment-is therefore…