— This case came to this court on a clerk’s transcript. The defendant, W. Thomas Barnett, in a county attorney’s information, was charged with uttering a forged instrument.' He entered a plea of not guilty and was placed on trial and the jury returned a verdict of guilty. Defendant excepted to certain instructions given and asked for a new trial. Same was denied and sentence was pronounced on October 30, 1948, imposing a fine of $1000 and in default thereof that defendant be imprisoned in the county jail of Polk County, Iowa, for a period of three hundred thirty-three (333) days. Defendant has appealed.

We find no error in the record except as to the period of _ defendant’s confinement in the' event the fine imposed be not paid.

Section 718.2, Code of 1946, provides for a penalty, upon conviction of the crime charged, of a penitentiary or jail sentence, or a fine of not to exceed $1000. Section 789.17, Code of 1946, provides:

“A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine is satisfied, specifying the extent of the imprisonment, which shall not exceed one day for every three and one-third dollars of the fine.”

Under section 718.2 above referred to, the court imposed a fine of $1000, and provided in default of payment thereof a jail sentence of three hundred thirty-three (333) days. By reason of section 789.17, the extent of the imprisonment imposed here for nonpayment of the fine could not exceed one day for each three and one-third dollars of the fine. State v. Gillman, 202 Iowa 428, 210 N. W. 435; State v. Dill, 197 Iowa 208, 210, 196 N. W. 992; State v. McCoy, 196 Iowa 278, 194 N. W. 265; State v. Williams, 195 Iowa 374, 376, 191 N. W. 790.

With directions to modify the judgment so that the ex *338 tent of the imprisonment shall not exceed one day for each three and one-third dollars of the fine that is unpaid, the cause is — Modified, affirmed and remanded.