Pearce v. State
| Decision Date | 30 January 1892 |
| Citation | 18 S.W. 380,55 Ark. 387 |
| Parties | PEARCE v. STATE |
| Court | Arkansas Supreme Court |
APPEAL from Independeuce Circuit Court, JAMES W. BUTLER, Judge.
Motion denied.
Jos. W Stayton, Prosecuting Attorney, pro se.
The question now presented arises upon motion to tax a fee of $ 20 for the benefit of the prosecuting attorney who successfully conducted this proceeding in bastardy for the State in the circuit court and here. The statute authorizes the taxing of such a fee upon the affirmance of a judgment of conviction for a misdemeanor. Mansf. Dig., secs. 2469-2471. But bastardy is a civil proceeding, and not a criminal prosecution. Chambers v. State, 45 Ark. 56. "Indemnity and protection of the counties against the burden of supporting the child, and not the punishment of the father, are the objects contemplated by the statute." Ib.
Section 458 of Mansfield's Digest provides that "the judge of the county court shall be allowed such fees in all cases of bastardy as were allowed to justices of the peace under the law when justices of the peace had jurisdiction of bastardy cases, and [that] the other officers shall be allowed such fees as are by law allowed to sheriffs coroners, constables and clerks in criminal cases." This section makes no, provision for the prosecuting attorney. It may have been an oversight; but, as was said in Fanning v. State, 47 Ark. 442, 2 S.W. 70 "those who serve the public must rest content with the compensation provided by the plain letter of the law." Another section requires the prosecuting attorney to conduct such proceedings in the circuit court (sec. 454), and for that service section 3233, which provides for compensating him for any judgment obtained there, doubtless gives him a fee. State v. Jackson, 46 Ark. 137. But this is not an application to retax the costs allowed in the circuit court, but only to tax an attorney's fee for services rendered here. We are referred to section 3787, Mansf. Dig., as authority to tax the fee. It is as follows: "In all cases where any officer or other person is required to perform any duty for which no fees are allowed by law, he shall be entitled to receive such pay as would be allowed for similar services." But the prosecuting attorney is required to perform no similar service in this court. No docket fee is allowed except in a misdemeanor, and this case does not belong to that class. Chambers v. State, 45...
To continue reading
Request your trial
-
Land v. State
... ... nature, the effect of the order committing the defendant to ... jail is imprisonment for debt, which the Constitution ... prohibits ... It is ... true that the court has held proceedings of this kind to be ... of civil and not criminal nature. Pearce v ... State, 55 Ark. 387, 18 S.W. 380; Chambers v ... State, 45 Ark. 56. But it does not follow [84 Ark. 201] ... from this that the Legislature can not ... [105 S.W. 91] ... the court trying the case to enforce its judgment by ... committal to jail. On the contrary, such authority may ... ...
-
Carmen v. State
...county court in the bastardy proceeding. Art. 7, sec. 28, Const.; Kirby's Dig., §§ 481, 1375, 6228; 38 Ark. 150; 53 Ark. 476; 45 Ark. 56; 55 Ark. 387; 90 Ark. 101 Ark. 29; 1 Black on Judgments, 2, § 1; 2 Id., § 529; 68 Ark. 180; 1 Greenleaf on Ev., § 537; 3 Jones, Ev., § 589; 77 Ala. 202; 5......
-
Belford v. State
... ... But it has been ... held by this court that proceedings to affiliate a bastard ... child are of a civil nature, and that the jury may find that ... the accused is the father of the child upon the testimony of ... the mother alone. Chambers v. State, 45 ... Ark. 56; Pearce v. State, 55 Ark. 387, 18 ... S.W. 380; State v. Blackburn, 61 Ark. 407, ... 33 S.W. 529; Wimberly v. State, 90 Ark ... 514, 119 S.W. 668; Qualls v. State, 92 Ark ... 200, 122 S.W. 498 ... We have ... examined the testimony introduced in this case, and we are of ... ...
-
Land v. State
...prohibits. It is true that the court has held proceedings of the kind to be of civil, and not criminal, nature. Pearce v. State, 55 Ark. 387, 18 S. W. 380; Chambers v. State, 45 Ark. 56. But it does not follow from this that the Legislature cannot the court trying the case to enforce its ju......