Murphy v. State
Supreme Court of Arkansas
ERROR to Cliicot Circuit Court. Hon. T. F. Sorrells, Circuit Judge. There is no law making the $3 tax any part of the fine .and costs in a criminal case. Sec. 5053 Gantt's Dig., is the ■only Statute on the subject which provides that there shall be levied and collected a county tax, etc., a tax of $3 on ■each criminal conviction. This act provides for the levy and collection of the $3 as a tax — not as a part of the fine ■and costs, etc. The Circuit Court cannot levy a tax.
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ERROR to Cliicot Circuit Court. Hon. T. F. Sorrells, Circuit Judge. There is no law making the $3 tax any part of the fine .and costs in a criminal case. Sec. 5053 Gantt's Dig., is the ■only Statute on the subject which provides that there shall be levied and collected a county tax, etc., a tax of $3 on ■each criminal conviction. This act provides for the levy and collection of the $3 as a tax — not as a part of the fine ■and costs, etc. The Circuit Court cannot levy a tax. That power, under Constitution of 1874, and by the Act in question, is conferred solely on the county court. The act of…
1Opinion of the CourtEnglish, C. J.
P. E. Murphy was indicted in the Circuit Court of Chicot county, at the July term, 1881, for playing cards on Sunday; he was tried at the January term, 1882, and the jury found him guilty, and assessed a fine of twenty-five dollars against him. He was refused a new trial, and judgment rendered against him for the fine assessed by the jury, and the further sum of $3 as a tax imposed by Statute upon the conviction, and for costs ; and it was ordered that the sheriff retain custody of defendant until the fine, tax and costs were paid. He took a bill of exceptions and brought error.
I. The first…
2Cited by10 opinions
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- Gaines v. WhiteSouth Dakota Supreme Court · 1891
- Holmes v. CheneySupreme Court of Arkansas · 1962
- Young v. StateCourt of Criminal Appeals of Oklahoma · 1954
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