Exparte M'Donald
Supreme Court of Pennsylvania
On a habeas corpus to the keeper of the prison of the county of Philadelphia, to bring up the body of Charles M'Donald, it appeared that the prisoner was in custody under several sentences of the Recorder’s Court of the Northern Liberties, &c. at February term, •1837, viz. one for keeping a tippling house, and five for assaults and batteries.
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On a habeas corpus to the keeper of the prison of the county of Philadelphia, to bring up the body of Charles M'Donald, it appeared that the prisoner was in custody under several sentences of the Recorder’s Court of the Northern Liberties, &c. at February term, •1837, viz. one for keeping a tippling house, and five for assaults and batteries. Mr. Kennedy for the prisoner, produced two pardons granted by the Governor, viz. one dated the 15th of March, 1837, which remitted first, a sentence upon a conviction of assault and battery, at October térm, 1836, of the said court; and secondly, four…
1Opinion of the Court
The Court
said that the costs being the property of the several officers to whom they wrere payable, could not be remitted by the Governor, who could only absolve from the imprisonment for the offence; and therefore, independently of the variance between the convictions and pardons, the prisoner was not entitled to be discharged.
Prisoner remanded.
2Cited by14 opinions
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- Ex Parte MannCourt of Criminal Appeals of Texas · 1898
- In re BoydSupreme Court of Kansas · 1886
- Wooster v. PlymouthSupreme Court of New Hampshire · 1882
- Cook v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1857
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