Ex parte Purcell
Supreme Court of Arkansas
Certiorari to Jefferson Chancery Court. When a defendant has been pardoned for a misdemeanor, he cannot be imprisoned for costs. - 56 Miss. 164; 12 Ark. 122; S. & H. Dig. sec. 896 ; 46 Ark. 137. Cite contra, 17 Am. & Eng. Enc. Law; 12 Ark. 122 ; 15 id. 129 ; ID id. 284 ; 36 id. 74; 46 id. 137. In 12 Ark. 122, it was held that the governor could not . pardon or remit costs. Our statutes provide expressly that a party convicted of a misdemeanor may be imprisoned for the costs.
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Certiorari to Jefferson Chancery Court. When a defendant has been pardoned for a misdemeanor, he cannot be imprisoned for costs. - 56 Miss. 164; 12 Ark. 122; S. & H. Dig. sec. 896 ; 46 Ark. 137. Cite contra, 17 Am. & Eng. Enc. Law; 12 Ark. 122 ; 15 id. 129 ; ID id. 284 ; 36 id. 74; 46 id. 137. In 12 Ark. 122, it was held that the governor could not . pardon or remit costs. Our statutes provide expressly that a party convicted of a misdemeanor may be imprisoned for the costs. Sand. & H. Dig. secs. 896, 921.
1Opinion of the CourtBunn, C. J.
This is a petition for a writ of habeas corpus, originally presented to the Hon. James F. Robinson, chancellor of the second chancery district, and from his judgment of refusal to grant the same is appealed to this court, the record and all formal matters being properly presented.
The petitioner, S. G. Purcell, was indicted in the Jefferson circuit court for making an assault with a deadly weapon, was tried and convicted of a simple assault, and fined fifty dollars, and judgment rendered to the effect that he “remain in the custody until fine and costs are paid.” On his application, the…
2Cases cited2 opinions
- Baldwin v. ScogginSupreme Court of Arkansas · 1855
- Ex parte GregoryMississippi Supreme Court · 1878
3Cited by5 opinions
- Manlove v. StateIndiana Supreme Court · 1899
- Villines v. StateSupreme Court of Arkansas · 1912
- Cole v. StateSupreme Court of Arkansas · 1907
- Spellings v. StateTennessee Supreme Court · 1897
- CarlLee v. WilliamsSupreme Court of Arkansas · 1914