Board of Supervisors v. Worrell
Mississippi Supreme Court
Board of Supervisors v. Worrell, 67 Miss. 154 (Miss. 1889)
Cooper
Board of Supervisors v. Worrell
Opinion of the Court
delivered the opinion of the court.
Since by the verdict of the jury Starks was sentenced to imprisonment for life, instead of capital punishment, he was not entitled to stay of the judgment, except upon giving security for the payment of the jail fees to accrue pending his appeal. The sheriff, having declined to surrender the convict to the proper officers for incarceration in the penitentiary, cannot recover the fees claimed.
Judgment reversed, the allowance refused, and petition dismissed.
Reference
- Full Case Name
- Board of Supervisors of Warren County v. W. O. Worrell, Sheriff
- Status
- Published
- Syllabus
- 1. Appeal in Criminal Case. Bond for jail fees. Code 1880, § 2335. Where the sentence in a capital case is imprisonment in the penitentiary for life instead of the death penalty, on appeal to the supreme court, the defendant, to have a stay, must give bond under § 2335, code 1880, to secure payment of the jail fees to accrue pending the appeal. 2. Same. When county not liable for fees. In case of an appeal in forma pauperis, by a defendant sentenced to life imprisonment, no bond being given for maintenance in jail, the sheriff after refusal to deliver the prisoner to the penitentiary authorities for incarceration, cannot recover from the county the jail fees accruing after such refusal and pending the appeal.