Legal Opinion

Villines v. State

Supreme Court of Arkansas

Decided December 9, 1912PublishedCited by 6 opinions

Appeal from. Searcy Circuit Court; Geo. W. Reed, Judge; STATEMENT BY THE COURT. The defendant was convicted on the 6th day of October, 1911, at an adjourned term of the Searcy Circuit Court of the crime of voluntary manslaughter, and his punishment assessed by the jury at imprisonment in the penitentiary for a peried of two years.

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Appeal from. Searcy Circuit Court; Geo. W. Reed, Judge; STATEMENT BY THE COURT. The defendant was convicted on the 6th day of October, 1911, at an adjourned term of the Searcy Circuit Court of the crime of voluntary manslaughter, and his punishment assessed by the jury at imprisonment in the penitentiary for a peried of two years. The judgment of the court, pronounced upon this verdict, sentenced the defendant to' imprisonment in the penitentiary for that period of time, but it was silent upon the question of the costs of the conviction, and did not provide that these costs should be paid by…

1Opinion of the Court

Smith, J.,

(after stating the facts). Upon overruling the motion for a new trial, the law prescribed the judgment that should be entered as follows: “In judgments against the defendant, a judgment for costs, in addition to the other punishments, shall he rendered, which shall be taxed by the clerk for the benefit of officers rendering services, and in case of failure by defendant to pay said costs they shall be paid by the .county where the conviction is had.” (Kirby’s Digest, § 2446). No other judgment can be entered up by the court, as no discretion is allowed under the law, and it is…

2Cases cited4 opinions

  1. St. Louis & North Arkansas Railroad v. BrattonSupreme Court of Arkansas · 1910
  2. Hershy v. BaerSupreme Court of Arkansas · 1885
  3. Thurman v. StateSupreme Court of Arkansas · 1891
  4. Ex parte PurcellSupreme Court of Arkansas · 1895

3Cited by6 opinions

  1. Pound v. FaulknerSupreme Court of Georgia · 1942
  2. Ex Parte Sethers and HaydenCourt of Criminal Appeals of Texas · 1948
  3. Barwick v. StateSupreme Court of Arkansas · 1913
  4. United States v. Thlinket Packing Co.District Court, D. Alaska · 1918
  5. CarlLee v. WilliamsSupreme Court of Arkansas · 1914

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