Phillips County v. Jackson
Supreme Court of Arkansas
Appeal from Phillips Circuit' Court; Hance N. Hutton, Judge; The act of May 1, 1905 (Acts 1905, p. 560), does not apply to Phillips County, hence the statute, Kirby’s Digest, § 6387-6390, inclusive, controls. Under these statutes, appellee is not entitled to recover unless he shows that the defendants for whose conviction he claims fees (1) pleaded not guilty, (2) demanded a trial, and (3) secured the service of an attorney to represent them.
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Appeal from Phillips Circuit' Court; Hance N. Hutton, Judge; The act of May 1, 1905 (Acts 1905, p. 560), does not apply to Phillips County, hence the statute, Kirby’s Digest, § 6387-6390, inclusive, controls. Under these statutes, appellee is not entitled to recover unless he shows that the defendants for whose conviction he claims fees (1) pleaded not guilty, (2) demanded a trial, and (3) secured the service of an attorney to represent them. No officer of this State is allowed fees except such as are expressly authorized by statute. For what is necessary to authorize an allowance, see 57…
1Opinion of the CourtMcCurroch, J.
The point involved in this appeal is whether or not a deputy prosecuting attorney is entitled to a fee for conviction in a criminal case before a justice of the peace where he filed an information, and a warrant of arrest was issued thereon, and conviction followed upon a plea of guilty. .That officer filed the information in this case and appeared in the prosecution, but there was no trial, for the reason that the defendant entered a plea of guilty.
Section 6388 of Kirby’s Digest authorizes deputy prosecuting attorneys to file informations before justices of the peace charging persons with…
2Cases cited2 opinions
- Logan County v. TrimmSupreme Court of Arkansas · 1893
- Craighead County v. Cross CountySupreme Court of Arkansas · 1887