149 Minn. 432 | Minn. | 1921
Defendant applied for and was given leave to enter a plea of guilty of the crime of attempting to have carnal knowledge of a girl 16 years old. The court sentenced him to confinement in the county jail of Blue Earth county for the term of four months “and further and in addition thereto * * * to pay the costs taxed by the state in the sum of two hundred ninety-nine dollars and that [he] be confined in the county jail * * * until such costs be paid, not exceeding the term of six months in all.” Defendant appealed from the judgment. He contends: (1) That the court had no power to require the payment of the costs; (3) that, if it had, there has been no taxation of them.
It is our duty, in a criminal case, to examine the record and render judgment upon it. Section 9247, G. S. 1913: State v. Hjerpe, 109 Minn. 270, 272, 123 N. W. 474. An examination of the record and files in the district coutí as returned here discloses that there was neither a
Judgment modified and the ease remanded for further proceedings in accordance herewith.