an indigent probationer ordered to pay a fine may not be imprisoned because he cannot immediately pay that fine; "[Wjheri a fine in the same amount is imposed upon codefendants deemed equally culpable with the added provision for their imprisonment in the event of its nonpayment, an option is given to the rich defendant but denied to the poor one. While the poor man has the ‘right’ to obtain his release by payment of the fine, in actuality the 'right' is meaningless to him.”
How later courts described this case
- an indigent probationer ordered to pay a fine may not be imprisoned because he cannot immediately pay that fine; "[Wjheri a fine in the same amount is imposed upon codefendants deemed equally culpable with the added provision for their imprisonment in the event of its nonpayment, an option is given to the rich defendant but denied to the poor one. While the poor man has the ‘right’ to obtain his release by payment of the fine, in actuality the 'right' is meaningless to him.”
- an indigent probationer ordered to pay a fine may not be imprisoned because he cannot immediately pay that fine; “[W]hen a fine in the same amount is imposed upon codefendants deemed equally culpable with the added provision for their imprisonment in the event of its nonpayment, an option is given to the rich defendant but denied to the poor one. While the poor man has the ‘right’ to obtain his release by payment of the fine, in actuality the ‘right’ is meaningless to him.”
- “The requirement of the ex haustion of the appellate or other remedy ... is merely a discretionary policy governing the exercise of the reviewing court’s jurisdiction to issue the writ.”
Written by the judges who cited it.
The opinion
McCOMB, J.
I dissent. I would deny the writ.