Fanning v. State
Supreme Court of Arkansas
APPEAL from Boone Circuit Court. PI on. I. M. Pittman, Judge. The -prosecuting attorney is entitled to one fee only for a conviction in each case, no matter how many defendants there maybe. Sec. 3233, Mansf. Dig.; Bouvier L. D., title “Conviction;” 1 Bishler, Law, sec. 223; 1 Blatchf, 43g; 10 Sm. an Sec. 3233, Mansf. Dig., allows a fee for each conviction, and there was a-conviction of each defendant in the case.
1Opinion of the CourtSmith, J.
Sixteen persons, having been jointly indicted for a misdemeanor and having pleaded guilty, were condemned to pay a fine of $10 each and the costs of the prosecution. As a part of the costs, the clerk taxed up against each defendant a fee of $10 in favor of the prosecuting attorney. The defendants moved for a re-taxation of costs, alleging that the attorney prosecuting for the state was only entitled to one fee ' in the entire case; but the circuit court denied their motion.
1. Construction of the stat-
Section 3233 of Mansf Dig., allows a fee for each conviction. And the question is, whether…
2Cases cited1 opinion
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
3Cited by12 opinions
- Campbell v. StateSupreme Court of Arkansas · 1989
- Peay v. Pulaski CountySupreme Court of Arkansas · 1912
- Rogers v. StateSupreme Court of Arkansas · 1976
- Hempstead County v. McCollumSupreme Court of Arkansas · 1893
- McHenry v. Hot Spring CountySupreme Court of Arkansas · 1893
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