The State v. Smith
| Decision Date | 26 January 1910 |
| Docket Number | 21,492 |
| Citation | 90 N.E. 607,173 Ind. 388 |
| Parties | The State of Indiana v. Smith |
| Court | Indiana Supreme Court |
From Pike Circuit Court; Frank Ely, Special Judge.
Prosecution by The State of Indiana against Ralph Smith. From a judgment releasing the defendant, during good behavior, from the payment of the fine imposed, the State appeals.
Reversed.
James Bingham, Attorney-General, A. G. Cavins, W. H. Thompson and E. M. White, for the State.
On February 11, 1907, appellee entered, in the court below, a plea of guilty to an indictment charging in one count the keeping of a room to be used and occupied for gaming, and in the other count knowingly suffering and permitting said room to be used for gaming, in violation of § 2466 Burns 1908, Acts 1905, p. 584, § 557. On February 19, 1907, the court assessed against him a fine of $ 100, and ordered him imprisoned in the county jail for thirty days, and rendered judgment accordingly "that he stand committed until the fine and costs are paid or replevied." Replevin bail was entered to stay execution for the fine and costs, under the provisions of § 2185 Burns 1908, Acts 1905, p. 584, § 300. Afterwards, on February 6, 1908, appellee filed his petition in said court to suspend the collection of the fine in said cause, under § 2174 Burns 1908, Acts 1907, p. 447 § 1. On July 23, 1908, a demurrer by the State to said petition, for want of facts, was overruled by the court, and judgment was rendered that appellee be "paroled and released from further payment of said fine, so long as he shall hereafter behave well, and so long as he shall notify the prosecuting attorney of this court on the first day of each term of his place of residence, post-office address, his occupation, and, if working for anyone, give the name and post-office address of his employer." From this judgment the State appeals.
The act of 1907, supra, under which appellee's application to suspend the collection of said fine was made took effect after the rendition of the judgment on said plea of guilty, and after judgment had been replevied. Section 2174, supra, provides that the circuit and criminal courts of this State, in certain criminal cases, "shall have power * * * upon the entry of judgment of conviction of such person to suspend such sentence and parole such person by an order of such court duly entered of record as a part of the judgment of the court in such case, * * * whenever such court in the exercise of its judgment and discretion shall find and determine that such person has committed the offense for which he or she has been convicted under such circumstances as that in the judgment of such court such person should not suffer the penalty imposed by the law for such offense, if he or she shall...
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