Gibson v. State

Decided October 15, 1890

Mississippi Supreme Court · decided 1890-10-15

From the circuit court of Warren county. HoN. J. D. GillaND, Judge. At the July term, 1889, of the court below appellant pleaded guilty to an indictment charging him with unlawfully retailing spirituous liquors. Thereupon judgment was entered suspending sentence as to a fine, but the defendant was taxed with the costs of the prosecution, and it was ordered that he should stand committed until the costs were paid.

Good law ✅— No negative treatment on recordhow we know

Decided 1890-10-15

How this case has been cited

Cited by 8 later decisions — most recently March 1952

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Campbell, J.,

¶1delivered the opinion of the court.

¶2As the defendant pleaded guilty, and was liable to be immediately sentenced to pay a fine and costs, and to be imprisoned, and the court, presumably with the consent of the defendant for whose benefit it was and who did not object, suspended judgment and postponed sentence except for costs, no wrong was done to him by pro*243nouncing at a future term tbe sentence, which might have been immediately given, but was thus delayed.

¶3It is not the case of a second punishment for an offense.

¶4It does not appear that the costs were paid but, if they were, that was the condition on which the postponement of sentence was made.

¶5Affirmed.