Ex parte Parker

Decided March 15, 1909

Mississippi Supreme Court · decided 1909-03-15

From the judgment of Chancellor, the Hon. Isaac T. Blount, on habeas corpus, sitting at Pittsboro, Calhoun county. Parker, appellant, was convicted, of a misdemeanor in the circuit court of Calhoun county, was fined and sentenced to jail until the fine and all costs of the prosecution were paid. Failing to pay the fine or costs he was imprisoned in the jail of the county.

Cited by 1 later decisions — most recently January 1937

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1909-03-15

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Eletgher, J.,

¶1delivered the opinion of the court.

¶2This relator, being convicted of a misdemeanor in the circuit court of Calhoun couni y, was sentenced to pay a fine and costs, and in default thereof to remain in the county jail.

¶3It appears that .the board of supervisors of Calhoun county has never undertaken to provide for the working of the county convicts in any of the modes provided by law; has made no order whatever on the subject of disposing of these convicts. Relator insists- that he is entitled to his liberty because no such order ha3 been made. We cannot so hold. In the absence of *901any action by the board, the defaulting misdemeanant must remain in jail. We agree with the chancellor, that if any error has been committed, it was in favor of the relator, and of this he cannot complain. Affirmed.