Ex parte Smith

Decided August 9, 1911

Alabama Court of Appeals · decided 1911-08-09

• Appeal from. Birmingham City Court. Heard before Hon. H. A. Sharpe. Application for habeas corpus by L. M. Smith, for the benefit of George Lee. From an order denying the petition, petitioner appeals. The court exceeded its jurisdiction in sentencing the prisoner for a time to pay costs at the rate of 40 cents per day, and the entire sentence of costs was therefore void. — Ex parte Long, 87 Ala. 46;.

Cited by 2 later decisions — most recently January 1971

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1911-08-09

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PER CURIAM.

¶1No question is made as to the power of the court to impose that part of the sentence which was by way of punishment for the offense of which the defendant was convicted. As to the part of the sentence which imposed hard labor for the costs of the suit, it appears that at the time the petition for the writ of habeas corpus was sued out and heard the convict had not served for the period required to pay the costs at the rate of 75 cents per day. This being true, under the ruling made in the case of Ex parte L. J. Haley, Jr., for the benefit of Sherry McWilliams, Infra, 56 South. 245, he was not entitled to be discharged.

¶2Affirmed.