McMeekin v. State
Supreme Court of Georgia
Criminal law. Fine. Execution. • Before Judge Harvey. Polk Superior Court. August Term, 1872. The issues involved in this State arose upon a rule nisi, calling upon McMeekin to show cause why execution should not issue against his property for the purpose of collecting a fine of $300 00 and costs, imposed upon him by the Court, upon his having been convicted of the offense of keeping open a tippling house on the Sabbath day.
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Criminal law. Fine. Execution. • Before Judge Harvey. Polk Superior Court. August Term, 1872. The issues involved in this State arose upon a rule nisi, calling upon McMeekin to show cause why execution should not issue against his property for the purpose of collecting a fine of $300 00 and costs, imposed upon him by the Court, upon his having been convicted of the offense of keeping open a tippling house on the Sabbath day. It was admitted that the defendant had been convicted of said offense on November 24th, 1871, and that the following sentence was passed: “A verdict of guilty being…
1Opinion of the Court
Trippe, Judge.
We think the decision in Brock vs. The State, 22 Georgia, 98, settles the question whether the imprisonment was part of the penalty, and that it was only a means of enforcing the collection of the fine.
If a defendant in a criminal case is fined, and refuses to pay the fine imposed, can it be collected by an execution against his goods? etc. There is the judgment against him for a .specific amount, and section 3584 of the Code provides that “the Judge of any Superior Court may frame and cause to be issued by toe. clerk any writ of execution to carry into effect any lawful…
2Cases cited1 opinion
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by9 opinions
- Ex Parte KarlsonCalifornia Supreme Court · 1911
- Hathcock v. StateSupreme Court of Georgia · 1891
- In re BoydSupreme Court of Kansas · 1886
- United States v. RascoeU.S. Navy-Marine Corps Court of Military Review · 1990
- Harper v. CookWest Virginia Supreme Court · 1954
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