EX PARTE BYRD

Habeas Corpus — Costs in Felony Case — How Collected.

Where appellant was convicted for driving an automobile upon a public road while intoxicated, which is a felony and a fine of $25.00 assessed, the costs taxed against him in the trial court could not be collected by his detention under a capias pro fine, after the payment of the fine assessed. Following Ex parte Smith, 8 S.W.2d 139.

HAWKINS, JUDGE. —

Appellant was convicted in the district court of Nacogdoches County of a felony, to-wit: driving an automobile upon a public road while appellant was intoxicated. His punishment was assessed at a fine of $25.00. There was taxed against appellant as costs the sum of $74.45. He tendered payment of the fine which was refused unless the costs were also paid. A capias pro fine was issued against him and he sought release by habeas corpus proceeding, again tendering in court the $25.00 fine, but contended that under the law he could not be held under a capias pro fine for the costs, but that payment of them could only be enforced under an execution as in civil suits. From an order remanding him to the sheriff this appeal was taken.

Appellant's exact contention was upheld in Ex parte Smith, 8 S.W.2d 139. It is not necessary to write further upon the subject. The judgment is reversed and appellant is ordered released upon payment of the $25.00 fine.

Reversed and discharged.