State Ex Rel. Plaster v. Maher

A writ of habeas corpus was issued by the court commissioner of Washington county, on the petition of the relators Plaster and Wilhelm, directed to the sheriff of Washington county, in whose custody the relators were upon a conviction before a justice of the peace of the crime defined by G. S. 1923, § 10188, G. S. 1913, § 8706. * Upon a hearing the commissioner discharged the writ and remanded the relators to the custody of the sheriff, but he held that the portion of the sentence imposing imprisonment until the payment of costs was void and should not be enforced. Both relators and the…