Buck v. State

Citations

• 103 Miss. 276
• 60 So. 321

Syllabus

<p>1. Fines. Commitment for nonpayment. Code 1906, sections 1516 and 1561. Laws 1908, chapter 109. Construction. Remission of penalty. Bonds.</p> <p>Under Code 1906, section 1516, providing that “in eases not capital the court shall order the convict to stand comnpitted until the fine, cost and jail fees be paid,” and under Laws 1908, chapter 109, providing that imprisonment shall follow the failure to pay a fine, without an order of court to that effect, where the judgment of the court sentenced a defendant to pay a fine of five hundred dollars and ninety days in jail and further provided that the payment of three hundred dollars of the fine and the service in jail be suspended during good behavior and that the defendant • stand committed until the remainder of the fine and costs are paid in full, the failure of the court to direct that the defendant should stand committed until the full amount of the fine imposed should be paid did not relieve accused from liability from imprisonment on failure to pay the fine.</p> <p>2. Same.</p> <p>In such case the judgment of the court will not be construed to mean that the failure of the court- to direct that defendant stand committed until the whole of the fine imposed had been paid, was intended that he should not pay the remainder thereof nor that only a fine of two hundred dollars was imposed, and the. balance remitted.</p> <p>3. Code 1906, Section 1561. Bond to keep the peace. Sentence.</p> <p>Section 1561, Code 1906, contemplates that the bond therein provided for shall be required as a part of the judgment imposing the sentence upon the convict for crimes committed. After the close of the term at which judgment was rendered, the court is without power to amend its judgment by adding this requirement thereto.</p>