In Re Application of Murphy

BURNETT, J.,

Dissenting. — Convicted of a misdemeanor, the petitioner on February 27, 1925, was sentenced to pay a fine of $500 and $5 costs, and, in default of payment of such fine, to be imprisoned in the county jail not exceeding 250 days. Failing to pay the fine at once, he was incarcerated in the jail. On June 22, 1925, he claimed to have been there under such imprisonment 102 days, tendered to the sheriff and the county treasurer $301 in full satisfaction of his fine and costs and demanded his release, which being denied he petitioned in habeas corpus. His writ was dismissed and he…