Cope v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton county. This was action of debt brought in the name of the Commonwealth of Pennsylvania, for the use of the county of Northampton, on the official bond given by Jacob Cope as sheriff.
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Error to the Common Pleas of Northampton county. This was action of debt brought in the name of the Commonwealth of Pennsylvania, for the use of the county of Northampton, on the official bond given by Jacob Cope as sheriff. The breach assigned was the discharge of Daniel Lachenaur from custody, who had at April Sessions, 1854, been convicted of the offence of conspiracy, and on the 1.2th' May, 1854, had been sentenced to imprisonment for the term of three months, and to pay a fine of $2500 to the county. It was to recover the amount of the fine that this action was brought, the plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
In respect to the fine claimed in this ease, the county ¡of Northampton stands in the place of the Commonwealth, and the governor’s power to remit it is as full as if the money was to be paid into the state treasury: The Commonwealth v. Denniston, 9 Watts 142. The effect of a pardon is to acquit the offender of all the penalties annexed to the conviction, and to give him a new credit and capacity: In the matter of Deming, 10 John. 232. The word “pardon” includes in itself the word “release,” and it will therefore discharge an immediate…
2Cases cited2 opinions
- In re DemingNew York Supreme Court · 1813
- Commonwealth v. DennistonSupreme Court of Pennsylvania · 1839
3Cited by5 opinions
- Commonwealth v. SoudaniSuperior Court of Pennsylvania · 1960
- Commonwealth v. GiaccioSupreme Court of Pennsylvania · 1964
- Commonwealth v. HamelSuperior Court of Pennsylvania · 1910
- Commonwealth v. GiaccioSupreme Court of Pennsylvania · 1964
- Holliman v. ColeSupreme Court of Oklahoma · 1934