Morgan v. State
Supreme Court of Alabama
Appeal from Circuit Court of Perry. Tried before Hon. M. J. Sapp old. The facts are stated in the opinion. Section 3760 of the Revised Code gives the court below no right whatever to imprison the defendant for the non-payment of costs merely, but expressly provides: “ If the fine and costs are not paid, or a judgment confessed according to the provisions of the preceding section, the defendant must either be imprisoned in the county jail,” &c.
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Appeal from Circuit Court of Perry. Tried before Hon. M. J. Sapp old. The facts are stated in the opinion. Section 3760 of the Revised Code gives the court below no right whatever to imprison the defendant for the non-payment of costs merely, but expressly provides: “ If the fine and costs are not paid, or a judgment confessed according to the provisions of the preceding section, the defendant must either be imprisoned in the county jail,” &c. In this case the “fine" assessed against the defendant hy the jury toas paid by her, although she refused or failed to settle “ the costs ” of the…
1Opinion of the CourtPeck, C. J.
There is no error in this record. Appellant was convicted of an assault and battery with a stick, and fined one dollar, and judgment was rendered for the fine and the cost of the prosecution. Thereupon, appellant paid the fine to the clerk, but refused to pay the cost, or to confess judgment, with good and sufficient sureties, for its payment, and moved to- be discharged. Her motion was denied, and the court sentenced her to hard labor for the ■ county for tern days; and she excepted to the ruling and judgment of the court, and appeals to this court to have the sentence and judgment of the…
2Cited by15 opinions
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- Ex parte StateSupreme Court of Alabama · 1888
- Kennedy v. PeopleIllinois Supreme Court · 1887
- State v. KilmerNorth Dakota Supreme Court · 1915
- McDowell v. StateSupreme Court of Alabama · 1878
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