Ex Parte Gilmore

Court of Criminal Appeals of Oklahoma

Ex Parte Gilmore

1934 OK CR 116, 36 P.2d 304, 56 Okla. Crim. 201, 1934 Okla. Crim. App. LEXIS 59

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 28, 1934

DocketNo. A-8758.

StatusPublished

Cited by1 cases

This text of 1934 OK CR 116 (Ex Parte Gilmore) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Gilmore, 1934 OK CR 116, 36 P.2d 304, 56 Okla. Crim. 201, 1934 Okla. Crim. App. LEXIS 59 (Okla. Ct. App. 1934).

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Opinion

EDWARDS, P. J.

This is an original proceeding in habeas corpus. Petitioner alleges she is unlawfully restrained by the warden of the state penitentiary. That she was convicted in the district court of Craig county of robbery and her punishment fixed at a term of six years in the state penitentiary. That before trial she was held in the jail of Craig county for a period of more than eight months and that she is entitled to credit on her sentence for said period. That the costs assessed in her trial amounted to $172.92, which petitioner was ordered to pay, and that the judgment does not provide for imprisonment in the event of her failure to pay. That she has served the term of six years’ imprisonment if given credit for jail time as set out and if the costs assessed against her be eliminated.

There is no provision of law by which this court, in a proceeding of this kind, may reduce a sentence of imprisonment by a credit of time served in jail before trial. With reference to the costs, section 3166, Okla. Stat. 1931, provides that in the prosecution of criminal actions, in case of conviction,, the costs become a part of the penalty and shall be enforced by imprisonment. It is immaterial that the judgment does not specifically declare that the costs, if not paid, shall be satisfied by imprisonment. It is a part of the judgment, whether expressed therein or not.

The writ is denied.

DAVENPORT and CHAPPELL, JJ., concur.

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EDWARDS, P. J.

This is an original proceeding in habeas corpus. Petitioner alleges she is unlawfully restrained by the warden of the state penitentiary. That she was convicted in the district court of Craig county of robbery and her punishment fixed at a term of six years in the state penitentiary. That before trial she was held in the jail of Craig county for a period of more than eight months and that she is entitled to credit on her sentence for said period. That the costs assessed in her trial amounted to $172.92, which petitioner was ordered to pay, and that the judgment does not provide for imprisonment in the event of her failure to pay. That she has served the term of six years’ imprisonment if given credit for jail time as set out and if the costs assessed against her be eliminated.

There is no provision of law by which this court, in a proceeding of this kind, may reduce a sentence of imprisonment by a credit of time served in jail before trial. With reference to the costs, section 3166, Okla. Stat. 1931, provides that in the prosecution of criminal actions, in case of conviction,, the costs become a part of the penalty and shall be enforced by imprisonment. It is immaterial that the judgment does not specifically declare that the costs, if not paid, shall be satisfied by imprisonment. It is a part of the judgment, whether expressed therein or not.

The writ is denied.

DAVENPORT and CHAPPELL, JJ., concur.

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Bluebook (online)

1934 OK CR 116, 36 P.2d 304, 56 Okla. Crim. 201, 1934 Okla. Crim. App. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-gilmore-oklacrimapp-1934.

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