43 Mo. 338 | Mo. | 1869
delivered the opinion of the court :
The bill of exceptions shows that on the trial of this cause in the Circuit Court it was “admitted and agreed that John F.
The constitution of the State (art. I, § 18) provides “that in all criminal prosecutions the accused has the right to be heard by himself and his counsel; ” and by the statute (Gen. Stat. 1865, ch. 212, § 4) it is enacted that “if any person about to be arraigned upon an indictment for a felony be Avithout counsel to conduct his defense, and be unable to employ any, it shall be the duty of the court to assign him counsel, at his request, not exceeding two, Avho shall have free access to the prisoner at all reasonable hours.” These provisions, no doubt, are quite in accordance Avith the spirit and principles of our Christian civilization, and deserve to be liberally construed and generously carried, into effect, for the amelioration of the condition of the class thereby intended to be benefited. But these reflections do not materially contribute to the solution of the particular question before us. Chandler has had and enjoyed the fullest benefit of the benevolent provisions of the laAv in his behalf ; but the Legislature has failed to make any provisions for the pecuniary compensation of those Avho, under the appointment of the court, rendered him service. It is at joast Avithin the range of a reasonable conjecture that this omission was intentional; that the stat
Rejecting, however, the idea of gratuitous service in behalf of the class in question as too fanciful and romantic, and applying to the facts of the case the principles governing contracts express or implied, what were the legal relations and duties existing between the plaintiffs and the county of Andrew, as regards these •services ? We are referred to the case of Commissioners v. Hall, 7 Watts, 290, where Gibson, C. J., says, in reference to certain jury expenses incurred under the direction of the court in a criminal case, that the court had no “power to contract for the commissioners (county), nor is that pretended; but the law which gives the power to order implies the promise to pay, and it will certainly not be asserted that the county commissioners were bound by nothing less than -an express contract.” The case is put upon the grounds of an implied contract or undertaking. Can the present suit stand on that ground? The law implies a promise when there is an antecedent legal duty and obligation — as, where services are rendered on the employment of a party, the law will imply a promise on the part of the employer to make payment therefor. But no agent of the county of Andrew employed the plaintiffs, and the plaintiffs rendered.no service in the interest of that county — no service which that county was under any legal obligation to see performed. Andrew county was neither prosecuting, defending, nor supporting the prisoner. It
If the law imposed upon the county the expense of the prisoner’s support, or the costs of his prosecution, one or both, thp case might merit a different -consideration.
In Wisconsin, Indiana, and Iowa, it is held that the counties are chargeable with the fees of counsel appointed'by 'the court to conduct the defense of a poor person in a criminal prosecution. (9 Wis. 274; 13 Wis. 585 ; 6 Ind. 13 ; 2 Green, Iowa, 473.) We have not, at the present time, access to the statutes of these States, and are therefore left to inference as to the treasury from which the costs, in this class of criminal prosecutions, are drawn. In the 13th Wisconsin, the court say that “ all such expenses are chargeable ” to the counties, under their system. That alters the case materially; for, however just and meritorious the plaintiffs’ claim, -it does not follow that the county is liable for its payment. Under our system it is clearly the purpose and policy of the Legislature to relieve counties from the costs and expenses resulting from this class of criminal prosecutions, and to impose such charges on the general treasury of the State.
In Illinois, it is held to be the duty of an attorney, as an pm-^ cer of the court, upon the appointment and direction of the court,’*
The judgment of the District Court is affirmed.