Legal Opinion

Fanning v. State

Supreme Court of Arkansas

Decided May 15, 1886PublishedCited by 12 opinions

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

  1. Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878

3Cited by12 opinions

  1. Campbell v. StateSupreme Court of Arkansas · 1989
  2. Peay v. Pulaski CountySupreme Court of Arkansas · 1912
  3. Rogers v. StateSupreme Court of Arkansas · 1976
  4. Hempstead County v. McCollumSupreme Court of Arkansas · 1893
  5. McHenry v. Hot Spring CountySupreme Court of Arkansas · 1893

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