210 N.W. 443 | Iowa | 1926
The bond sued on was given pursuant to Section 5506, Code of 1897, which is as follows:
"After conviction, upon an appeal to the Supreme Court, the defendant must be admitted to bail, if it be from a judgment imposing a fine, upon the undertaking of bail that he will, in all respects, abide the orders and the judgment of the Supreme Court upon the appeal; if from a judgment of imprisonment, upon the undertaking of bail that the defendant will surrender himself in execution of the judgment and direction of the Supreme Court, and in all respects abide the orders and judgment of the Supreme Court upon the appeal."
We are concerned herein with that part of the statute which relates to judgment by imprisonment. The contention of the appellant is that the provision that the defendant would abide the judgment of this court is an undertaking that he will pay the costs, in case of affirmance. It is the general rule that a judgment for costs against a defendant in a criminal prosecution creates a civil, and not a criminal, liability. That is to say, there can be no imprisonment for failure to pay the costs. There is statutory exception in this state to such rule, in that, in liquor prosecutions, where fines are imposed, the statute makes the costs a part of the penalty, and enforces payment by imprisonment. In other words, the costs are made a part of the fine.
Appellant relies mainly for authority upon the following of our cases: State v. Meier,
In State v. Anderson,
We think the district court properly sustained the demurrer. Its judgment is, accordingly, affirmed. — Affirmed.
De GRAFF, C.J., and ALBERT and MORLING, JJ., concur.