State v. . James and David McIntire
Supreme Court of North Carolina
This was an indictment for an assault and battery, tried before Settle, Judge, at the Fall Term,, 1853, of the New-Hanover Superior Court.. The defendants were convicted and sentenced to imprisonment, but no fine was imposed. An appeal to the Supreme Court was prayed and granted.
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This was an indictment for an assault and battery, tried before Settle, Judge, at the Fall Term,, 1853, of the New-Hanover Superior Court.. The defendants were convicted and sentenced to imprisonment, but no fine was imposed. An appeal to the Supreme Court was prayed and granted. The Supreme Court held there was error below, but in the interval, and before the decision in the Supreme Court, an application was made to the (Governor, and a pardon granted, which is as follows : “ David S. Reid, Governor of the State of North Carolina, to all who shall see these presents, Greeting : “ Whereas,…
1Opinion of the CourtPearson, J.
His Honor was of opinion, that, by reason of the pardon, he had no power to impose a fine. We do not concur, and are of opinion that the pardon was inoperative. His Honor should have proceeded to judgment, and had power to imprison as well as fine, one or both at his discretion, the pardon to the contrary notwithstanding.
The pardon recites the conviction and sentence of imprisonment, and then proceeds to “pardon the offence of which they stand convicted, remitting so much of said judgment as extends to imprisonment, upon the express condition that they shall jirst pay the fines and costs…
2Cited by10 opinions
- United States v. James W. McCord Jr., A/K/A Edward J. Warren A/K/A Edward J. HamiltonCourt of Appeals for the D.C. Circuit · 1975
- Jamison v. FlannerSupreme Court of Kansas · 1924
- Rathbun v. BaumelSupreme Court of Iowa · 1922
- Matter of PaquetteSupreme Court of Vermont · 1942
- White v. StateNew York Court of Claims · 1938
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