Ex parte Hill
Supreme Court of Alabama
I-Iearcl before the Hon. George E. Brewer. Janies Hill filed tlie petition in this case, addressed to die Judge of the Seventh Judicial Circuit, in which he averred that he was imprisoned in the county jail of Shelby county, by virtue of a judgment rendered on April (>, 1899; that said judgment, in so far as it sentenced him to hard labor for the county for the costs of prosecution, is void, and that he has been already imprisoned in said county jail for one day, the term of…
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I-Iearcl before the Hon. George E. Brewer. Janies Hill filed tlie petition in this case, addressed to die Judge of the Seventh Judicial Circuit, in which he averred that he was imprisoned in the county jail of Shelby county, by virtue of a judgment rendered on April (>, 1899; that said judgment, in so far as it sentenced him to hard labor for the county for the costs of prosecution, is void, and that he has been already imprisoned in said county jail for one day, the term of the sentence as imposed by the court for the punishment of the crime for which he was committed. The petitioner…
1Opinion of the CourtSharpe, J.
— The sole authority for sentencing a convict to hard labor on account of costs is found in the statutes. Section 5423 of the Code directs that “when a fine is assessed, the court may allow the defendant to confess judgment with good and sufficient sureties for the fine and costs.”
Section 5425 provides: “If the fine and costs are not paid or a judgment confessed according to the provisions of the preceding section, the defendant must either be imprisoned in the county jail, or, at the discretion of the court, sentenced to hard labor for the county” etc.; the remainder of the section…
2Cases cited3 opinions
- Ex parte StateSupreme Court of Alabama · 1888
- Ex parte Joice & SmithSupreme Court of Alabama · 1889
- Williams v. StateSupreme Court of Alabama · 1876
3Cited by6 opinions
- City of Anniston v. DouglasSupreme Court of Alabama · 1948
- Fuller v. StateAlabama Court of Appeals · 1944
- Hollis v. StateSupreme Court of Alabama · 1898
- Pounders v. StateAlabama Court of Appeals · 1953
- Mills v. StateAlabama Court of Appeals · 1939
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