Commonwealth v. Hitchman
Supreme Court of Pennsylvania
Ceetioeabi to the Quarter Sessions of Westmoreland county. On the 19th of August, a. d. 1862, William J. Hitchman, and. seventeen others, were indicted for a riot and an assault and battery on John W. Carpenter, and on trial were found guilty of the assault and battery charged against them. Sentence was suspended, and on the 12th of November an unconditional pardon was granted by the governor.
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Ceetioeabi to the Quarter Sessions of Westmoreland county. On the 19th of August, a. d. 1862, William J. Hitchman, and. seventeen others, were indicted for a riot and an assault and battery on John W. Carpenter, and on trial were found guilty of the assault and battery charged against them. Sentence was suspended, and on the 12th of November an unconditional pardon was granted by the governor. On the 17th of November the pardon was formally pleaded, to which a replication was filed for the Commonwealth. The court below allowed the pardon for all purposes except the costs; which was the error…
1Opinion of the Court
The opinion of the court was delivered, November 12th 1863, by
Read, J.
The defendants were found of an assault and battery, but before judgment, a pardon from.Governor Cur-tin for the offence was pleaded and allowed by the court, who ordered the defendants to pay the costs. In Duncan v. The Commonwealth, 4 S. & R. 449, Chief Justice Tilghman said, “It is contended on behalf of the Commonwealth that the right to the costs was vested in the officers to whom they were due, and therefore the governor neither intended nor had he the power to remit them. If the right was vested in the officers, I…
2Cited by1 opinion
- Wright v. DonaldsonSupreme Court of Pennsylvania · 1893