State ex rel. Danforth v. Levitt

FINCH, Justice

(concurring in result).

For the reasons expressed in my separate opinion concurring in result in State ex rel. Gibson v. Grimm, 540 S.W.2d 17 (Mo. banc 1976), I concur in result herein. Were it not for the recent enactment providing for appointment of counsel for indigent defendants charged with misdemeanors likely to result in confinement, I would vote otherwise, taking the position that the judge did have authority to allow a fee to counsel representing defendant and that it should be taxed as costs.