Gibson v. State
| Decision Date | 03 November 1890 |
| Citation | 68 Miss. 241,8 So. 329 |
| Court | Mississippi Supreme Court |
| Parties | S. S. GIBSON v. THE STATE |
FROM the circuit court of Warren county, HON. J. D. GILLAND Judge.
At the July term, 1889, of the court below appellant pleaded guilty to an indictment charging him with unlawfully retailing spirituous liquors. Thereupon judgment was entered suspending sentence as to a fine, but the defendant was taxed with the costs of the prosecution, and it was ordered that he should stand committed until the costs were paid. It does not appear that he either consented or objected to the order; as to this the record is silent. At the March term, 1890, on motion of the district attorney, the court sentenced the defendant to pay a fine of $ 75 "and also the costs of this prosecution not heretofore paid."
From this judgment the defendant appealed.
Affirmed.
Joseph Bien, for appellant.
The court at the July term having sentenced the prisoner to pay costs and to be imprisoned unless he should satisfy the judgment, the jurisdiction was exhausted, and there was no power at the succeeding term to render another or any further judgment in the case. The defendant had suffered part of the penalty. There was nothing done on his part to suspend sentence or continue the jurisdiction of the court. His liberty could not again be put in jeopardy in this way. If the court could compel a defendant to pay the costs at one term and impose a fine at another, it could divide the fine and enter judgment for portions at different terms of the court. After the term at which the judgment was rendered, the court had no power over the judgment. McComb v. Ellett, 8 S. & M. 505; Fellows v. Griffin, 9 Ib. 362; Wiggle v. Owen, 45 Miss. 691; Easterling v. The State, 35 Ib. 210; Parker v. The State, 51 Ib 535; Ex parte Lange, 18 Wall. 163.
Costs imposed are a part of the judgment, and when paid the defendant has suffered a part of the penalty. Ex parte Meyer 57 Miss. 85.
Under the constitution no man's life or liberty can be twice placed in jeopardy for the same offense. The court is referred specially to the case of Easterling v. The State, supra.
It is submitted that the judgment appealed from, imposing a second sentence on the defendant, is without authority and void.
T. M. Miller, attorney-general, for the state.
As the defendant pleaded guilty, and was liable to be immediately sentenced to pay a fine and...
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State v. Edwards
... ... practice somewhat similar had prevailed for many years in ... the courts of Massachusetts before it received the ... legislative sanction by enactment into a statute ... Commonwealth v. Dondican, 115 Mass. 136. But that ... court and those of Florida and Mississippi (Gibson v ... State, 68 Miss. 241 [8 So. 329]; Ex parte Williams, 25 ... Fla. 310 [26 Fla. 310, 8 So. 425]), where the Massachusetts ... idea seems to have been transplanted, though they may ... differ as to the manner or details of the proceeding, ... concur in holding that the sentence of the ... ...
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Ex Parte Bugg
...115 N. C. 760, 20 S. E. 513, 29 L. R. A. 260), New Jersey (State v. Addy, 43 N. J. Law, 113, 39 Am. Rep. 547), Mississippi (Gibson v. State, 68 Miss. 241, 8 South. 329), California (People v. Patrick, 118 Cal. 332, 50 Pac. 425), and Florida (Ex parte Williams, 26 Fla. 310, 8 South. 425). Th......
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Fuller v. State
...upholding the announcement of our own court, which I presume the court as at present constituted will follow. Our own court in Gibson v. State, 68 Miss. 241, where defendant pleaded guilty to an indictment, charging him with unlawful retailing and the court entered a judgment suspending the......
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Ex parte Bugg
...North Carolina, State v. Crook, 29 L.R.A. 260, 20 S.E. 513; New Jersey, State v. Addy, 43 N.J.L. 113, 39 Am. Rep. 547; Mississippi, Gibson v. State, 8 So. 329; California, People v. Patrich, 118 Cal. 332, 50 425; Florida, Ex parte Williams, 8 So. 425. This power of the courts has been denie......