State v. Burt
Mississippi Supreme Court
Appeal from the circuit court of Forrest county. Hon. Paul B. Johnson, Judge. Suit by the state against J. C. Burt. From a judgment for defendant, the state appeals. The facts are fully stated in the opinion of the court. The language of sections 2172 of Code 1906 is significant, and shows clearly the legislative intent to require defendants in criminal cases to pay the costs.
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Appeal from the circuit court of Forrest county. Hon. Paul B. Johnson, Judge. Suit by the state against J. C. Burt. From a judgment for defendant, the state appeals. The facts are fully stated in the opinion of the court. The language of sections 2172 of Code 1906 is significant, and shows clearly the legislative intent to require defendants in criminal cases to pay the costs. Section 2172 says “in cases of felony where the defendant is convicted and the costs cannot be made out of his estate.” Section 2178 says “in cases of felony in which the defendant is convicted, but is unable, to pay…
1Opinion of the CourtCook, J.
In the month of October, 1904, J. C. Burt was convicted of the crime of murder, and sentenced to the penitentiary for the term of his natural life. In the judgment entered by the court nothing is said about the costs. In 1911 the state, on the relation of the attorney-general, filed a personal action against the convict, seeking to recover a judgment for the costs incurred in the prosecution of the criminal case, which costs, it is said, were negligently or improvidently omitted in the judgment sentencing Burt to life imprisonment.
The legislature has the power, by proper enactment, to provide…
2Cases cited2 opinions
- Ex parte GregoryMississippi Supreme Court · 1878
- Ex parte MeyerMississippi Supreme Court · 1879