Phillips v. State
Mississippi Supreme Court
Motion in Supreme Court. The object and the ground of the motion are stated in the opinion of the court. 1 submit that this motion cannot be entertained. The offence against the State has been pardoned, and this entirely effaced the penalty and the guilt. Jones v. Board of Registration, 56 Miss. 768. The offender is as innocent in the eye of the law as if he had never committed any offence. Jones v. Board of Registration, 56 Miss. 769.
1Opinion of the CourtCooper, J.
Appellant ivas convicted of manslaughter, and from the judgment condemning him to imprisonment in the penitentiaiy, and to pay the costs of the prosecution, he appealed, executing a supe.rsedeas-honú in accordance with the statute. *579Pending the appeal he lias been pardoned, and haviug now failed to file the record from the court below, a motion is made by the State to docket and dismiss the appeal for want ■of prosecution thereof, and for a judgment on the appeal-bond for the costs in the court below and in this court. The appellant resists this motion, urging that the pardon has wiped out the…
2Cases cited1 opinion
- Ex parte GregoryMississippi Supreme Court · 1878