In re Lackey

Citations

• 6 S.D. 526
• 62 N.W. 134
• 1895 S.D. LEXIS 147

Syllabus

<p>1. The law does not authorize a justice of the peace to commit a defendant for the non-payment of costs, which are no part of the fine imposed as a penalty for his offense.</p> <p>2. A justice in a criminal trial for a misdemeanor imposed a fine of $10, and $54.60 costs, and entered judgment that the defendant stand committed until the fine and costs should be paid. Held, that so much of the judgment as provided that the defendant stand committed until the costs should be paid was unauthorized, and that, after five days’ imprisonment, the defendant was entitled to be discharged.</p> <p>(Syllabus by the court.</p>