State v. Addington
Court of Appeals of South Carolina
■ • m Before Mr. Justice Richardson, at Laurens, Spring ierm, 1831. The defendant was convicted at Fali Term, 1829, on an indictment, under the act of 1789, P. L. 486, for horse stealing; and a motion for a new trial was refused by the Court of Appeals, in December, of the same year, vide 1 Bailey, 310. At May Term, 1830, he received judgment of death, to be executed on the 11th June following ; but previous to that day, he was pardoned by Governor Miller, on the condition,…
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■ • m Before Mr. Justice Richardson, at Laurens, Spring ierm, 1831. The defendant was convicted at Fali Term, 1829, on an indictment, under the act of 1789, P. L. 486, for horse stealing; and a motion for a new trial was refused by the Court of Appeals, in December, of the same year, vide 1 Bailey, 310. At May Term, 1830, he received judgment of death, to be executed on the 11th June following ; but previous to that day, he was pardoned by Governor Miller, on the condition, that he should receive thirty-nine lashes, to be inflicted by the sheriff,'and then leave the State never to return. The…
1Opinion of the Court
Johnson J.
delivered the opinion of the Court.
The first objection raised on behalf of the prisoner, has not been alluded to here ; and more than six months having elapsed between the discharge of the prisoner, in pursuance of the pardon, and the warrant issued for his arrest, I presume there is. nothing in it, and that it was not intended to be relied on. And the case of Jeremiah Smith, decided in this Court, at December Term, 1829, (1 Bailey, 283.) is decisive of all the points raised in the second objection. Smith had been convicted of a felony, and was pardoned on condition of submitting to…
2Cases cited1 opinion
- Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809
3Cited by1 opinion
- State v. VarnerSupreme Court of South Carolina · 1992