Legal Opinion

Smith v. State

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 7 opinions

From tbe Circuit Court of Pike. Tried before tbe Hon. John P. Hubbard. Tbe indictment in this case was founded on tbe provisions of tbe statute approved February 23d, 1883, entitled “An act to better secure payment of fines and costs in criminal cases;” which authorizes tbe confession of judgment by tbe convict and a surety, under written contract between them, approved by the presiding judge and duly recorded, tbe convict stipulating to perform labor or services for his…

Read the full summary

From tbe Circuit Court of Pike. Tried before tbe Hon. John P. Hubbard. Tbe indictment in this case was founded on tbe provisions of tbe statute approved February 23d, 1883, entitled “An act to better secure payment of fines and costs in criminal cases;” which authorizes tbe confession of judgment by tbe convict and a surety, under written contract between them, approved by the presiding judge and duly recorded, tbe convict stipulating to perform labor or services for his surety until tbe fine and costs are repaid, and being declared guilty of a misdemeanor if be leaves or escapes from tbe…

1Opinion of the Court

SOMERVILLE, J. —

The contract in the record seems to have been made, approved, and filed, in the mode prescribed by the act approved February 23, 1883, entitled “An act to better secure payment of fines and costs in criminal cases in the courts of this State.” — -Acts 1882-83, p. 166. The purpose of this statute is to enable convicts to procure securities for the payment of “ the fine and costs ” incidental to any conviction for a criminal offense in the courts of this State. Such fine and costs not being a debt within the meaning of the constitutional provision, that “no person shall be…

2Cases cited3 opinions

  1. Ex parte HardySupreme Court of Alabama · 1880
  2. Lee v. StateSupreme Court of Alabama · 1883
  3. Tarpley v. StateSupreme Court of Alabama · 1885

3Cited by7 opinions

  1. Ex parte DavisSupreme Court of Alabama · 1891
  2. Winslow v. StateSupreme Court of Alabama · 1892
  3. Bailey v. StateSupreme Court of Alabama · 1888
  4. Simmons v. StateSupreme Court of Alabama · 1903
  5. United States v. BroughtonDistrict Court, S.D. Alabama · 1914

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API