Board of Supervisors v. Worrell

Citations

• 67 Miss. 154

Syllabus

<p>1. Appeal in Criminal Case. Bond for jail fees. Code 1880, § 2335.</p> <p>Where the sentence in a capital case is imprisonment in the penitentiary for life instead of the death penalty, on appeal to the supreme court, the defendant, to have a stay, must give bond under § 2335, code 1880, to secure payment of the jail fees to accrue pending the appeal.</p> <p>2. Same. When county not liable for fees.</p> <p>In case of an appeal in forma pauperis, by a defendant sentenced to life imprisonment, no bond being given for maintenance in jail, the sheriff after refusal to deliver the prisoner to the penitentiary authorities for incarceration, cannot recover from the county the jail fees accruing after such refusal and pending the appeal.</p>