122 Ky. 776 | Ky. Ct. App. | 1906
OpmioN op the Court by
Reversing.
These two appeals involving the same facts will be determined together. At the April term, 1905, of the Knox circuit court, appellants were fined for assault. The judgment in the ease in these words: “This case was called for trial, the parties announced ready, and came a jury, * * ? -who were sworn as the law directs, and, having heard the evidence and instructions of the court, returned the following verdict:. ‘We, the jury, agree and find the defendants guilty, John Smith and John Saylor, and fix their fine at two and one-half dollars each and costs. If they fail to pay or replevy, they shall work same out on some public road at one dollar a day, one day for each dollar of fine and costs. W. B. Dozier, fore^man.’ It is therefore adjudged by the court that plaintiff recover of the defendants, the sum of $2.50 each and the costs of this prosecution, and if they fail to pay or replevy the fine and costs they will be
It is insisted for them that they had worked more than 21-2 days and could not be worked for the costs. Section 1377, Ky. Stat., 1903, provides that the defendant shall work at hard labor until the fine and costs are satisfied. The costs are a part of the
Judgment reversed, and cause remanded for further proceedings consistent herewith.