Tryon v. Baker

On August 25, 1970, petitioner herein pleaded guilty to the offense of driving while intoxicated, was adjudged guilty and sentence was pronounced ordering him to pay fines in the amount of $310.00, and serve a ten day jail term. The jail sentence was completed September 4, 1970. On that day, the sentencing judge indicated that because of the indigency of the petitioner he would remain incarcerated for the purpose of serving out the fine at the rate of $5.00 per day.

A petition for writ of habeas corpus was filed in the Third Judicial District Court and was denied. An original petition for writ…