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FRAZIER v. JORDAN

No. 71-2061.

457 F.2d 726 (1972)

Carleton FRAZIER et al., Petitioners-Appellees, v. Captain R. F. JORDAN, Superintendent of the City of Atlanta Prison Farm, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

April 3, 1972.

Attorney(s) appearing for the Case

Henry L. Bowden, John E. Dougherty, Atlanta, Ga., for respondent-appellant.

Richard Roesel, Larry Woods, Atlanta Legal Aid Soc., Michael Terry, Atlanta, Ga., for petitioners-appellees.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

WISDOM, Circuit Judge:

In this habeas proceeding Frazier and other petitioners raise a single question: May a municipal court constitutionally impose a sentence requiring an indigent defendant to pay a fine forthwith or serve a specified number of days in jail? The district court granted the writ on the ground that the sentence discriminates against defendants unable to pay their fines because of their indigency. The state appeals. We affirm.

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