Lonoke County v. Reed
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Thos. C. Trimble, Judge; 1. The county is not liable for prosecuting attorney’s fees for convictions on indictments in the circuit court, unless there is some express authority of law for same. Such authority must be expressly conferred by statute, and it will never be inferred.
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Appeal from Lonoke Circuit Court; Thos. C. Trimble, Judge; 1. The county is not liable for prosecuting attorney’s fees for convictions on indictments in the circuit court, unless there is some express authority of law for same. Such authority must be expressly conferred by statute, and it will never be inferred. Kirby’s Digest, § § 2469, 2470; 44 Ark. 31-33; 10 Id. 467; 37 Id. 226; 37 Id. 228; 37 Id. 487; 102 Id. 106; 108 Id. 137. 2. The county is not liable because Lonoke County has no contractor to work out the fines and costs. Kirby’s Dig., § § 1066-1074; Act 207 Acts 1909; 102 Ark. 166.…
1Opinion of the CourtHart, J.
The question raised by this appeal is whether or not a county is liable for prosecuting attorney’s fees in cases of conviction for misdemeanors where the defendant has no property ¡and the county has not contracted to work its convicts pursuant to sections 1066-1074 of Kirby’s Digest, or Act 207 of the Acts of 1909.
The circuit court held the county liable and the county has appealed.
The liability of the county for costs in criminal cases rests alone upon statute. This rule has been established by such a long and unbroken line of decisions in this 'State as to render citation of authority in…
2Cases cited2 opinions
- Phillips County v. ClaytonSupreme Court of Arkansas · 1874
- Stalcup v. Greenwood DistrictSupreme Court of Arkansas · 1884
3Cited by5 opinions
- McDonald v. WassonSupreme Court of Arkansas · 1934
- Campbell v. Arkansas State HospitalSupreme Court of Arkansas · 1957
- Phillips County v. Arkansas State PenitentiarySupreme Court of Arkansas · 1923
- McDonald v. WassonSupreme Court of Arkansas · 1934
- Opinion No., Arkansas Attorney General Reports1989