Ex Parte Smith

LATTIMORE, Judge.

This is an appeal from an order of the district court of Van Zandt county remanding appellant to the custody of the sheriff in default of the payment of costs assessed against him in a felony case.

From the record we learn that appellant was convicted of a felony, to-wit: driving an automobile on a public highway while intoxicated. His punishment was fixed at ninety days in the county jail and a fine of $25.00. It is shown that he has served the ninety days in jail, and has paid his fine. It further appears that in some manner $315.00 costs have been taxed against him in said…