Broadhead v. State

The sentence to hard labor as to the costs of this case appearing in the judgment is ineffective and fails to comply with the mandatory provision which requires the trial court to determine the time, that is to say, the number of days required to work out the costs at the rate of 75 cents per day. Section 5291 of the Code prescribes, “ * * * if the costs are not presently paid or judgment confessed therefor, as provided by law, then the court may impose additional hard labor for the county for such period, not to exceed ten months, as may be sufficient to pay the costs, at the rate of…