State v. Baxter

The opinion of the court was delivered by

Johnston, J.:

William K. Baxter was convicted in the district court of Meade county of assault and battery, and he was sentenced to pay a fine of $ 1 and costs, and to stand committed until the fine and costs were paid. He appeals, and raises two points against the validity of the judgment. It *517appears that the sentence imposed at the conclusion of the trial was simply that he should pay the fine and costs of prosecution. On the following day, in the absence of the defendant, and when there was no person present to undertake for him to pay the fine and…