Mikesell v. Board of County Commissioners

Citations

• 82 Kan. 502
• 108 P. 829
• 1910 Kan. LEXIS 288

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Parole Law — Constitutionality. The “parole law” (Laws 1907, ch. 178; Gen. Stat. 1909, ch. 28, art. 5), as applied to ■ this case, is not retroactive, nor is it in violation of article 1 of the fourteenth amendment to the constitution of the United States, but is valid.</p> <p>2. District Court — Parole of Prisoner Held for Nonpayment of .Costs. Where a person convicted of violations of the prohibitory liquor law is sentenced to a term of imprisonment in the eounty jail and also a fine is imposed as the penalty, and is adjudged to pay the costs and to stand committed till the fine and costs are paid, and where after the commitment to jail the governor of the state issues to the prisoner a full pardon, so far as he has the power, but the prisoner is held in jail for nonpayment of costs, the district court may parole the prisoner and six months thereafter may finally discharge such prisoner.</p> <p>3. Counties — Inability for Costs — Prisoner Paroled by District Court. If the prisoner be found insolvent and unable to pay or give security for the costs they must be paid by the county, and the county shall become liable therefor at the expiration of one month from such release if such costs are not paid by the defendant. (Laws 1907, ch. 178, § 10; Laws 1887, ch. 165, §5; Gen. Stat. 1909, §§2468, 4378.)</p>