Burgin v. Hawkins
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Heard before the Hon. W. W. Wilicerson. The appeal in this case is taken from the judgment of the city court dismissing an alternative writ of mandamus, issued to the appellee on a petition by appellant.
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Appeal from the City Court of Birmingham. Heard before the Hon. W. W. Wilicerson. The appeal in this case is taken from the judgment of the city court dismissing an alternative writ of mandamus, issued to the appellee on a petition by appellant. The petition was filed by the appellant, and alleged that he was the clerk of the criminal court of Jefferson county; that one Burns was indicted in said court for murder, and was tried and acquitted by the j ury; that the petitioner, as clerk of said court, issued a number of subpoenas at the request of said Burns for witnesses on his behalf, for the…
1Opinion of the CourtStone, C. J.
Our statutes maintain a marked distinction between costs incurred for the State in State prosecutions, and those incurred for and by the defense. Code of 1886, § 4887. As illustrative of this fact, costs incurred by the State are taxable against the defendant on conviction, and become so much a part of the penalty or punishment, as that the defendant may be sentenced to hard labor for their payment; and in the event the punishment be only a money fine, or fine and costs, the defendant may obtain his liberty by confessing judgment with sureties for fine and costs. But this confessed judgment…
2Cases cited8 opinions
- Bradley v. StateSupreme Court of Alabama · 1881
- Tolbert v. StateSupreme Court of Alabama · 1888
- Bowen v. StateSupreme Court of Alabama · 1893
- Bilbro v. DrakefordSupreme Court of Alabama · 1884
- Hill v. WhiteSupreme Court of Alabama · 1840
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stevens v. StateAlabama Court of Appeals · 1917