Dixon v. State

The appellant was convicted under the first section of the act of 1840 “to suppress gaming.” 4 Stat. 106. The jury fixed his punishment at imprisonment for one day, and a fine of fifty dollars. Whereupon he was committed to prison for one day, and until he should pay the amount of fine assessed by the jury.

Subsequently, the fine and costs not having been paid, the prisoner moved the court to discharge him from custody, which the court refused, and the prisoner appealed.

The act “punishing crimes and misdemeanors,” 1 Stat. 187, sec. 47, provides that “ For all fines assessed and costs of…