State ex rel. Owens v. Barnes

Citations

• 24 Fla. 153

Syllabus

<p>1. While in its ordinary sense the word “conviction” is used to indicate the ascertainment of the guilt of a prisoner hy his plea of guilty, or by the verdict of a jury, it is often used in a broader sense to include the sentence or judgment of the court.</p> <p>2. It is used in this broader sense in section 2 of the Act of 1883, chap. 3459, in relation to “conviction fees” of State attorneys ; and the “ conviction fees ” of County solicitors, as prescribed by the Act of 1887, chap. 3731, §14, being- the same paid to State atlorneys in like cases, and to he paid in like manner, has the same meaning as in the former act.</p> <p>3. Neither a State attorney nor a County solicitor is entitled, under these acts, to payment of a conviction fee by the State until after sentence of the court against the person convicted, and the failure of such person to pay the same, and a return of the Sheri if that he has no goods or chattels out of which the same can he made. The last clause of §14, chap. 3731, does not remove these requirements.</p>