Ex parte Gregory
Mississippi Supreme Court
Appeal from the decision of Hon. Lafayette Haugh-ton, Chancellor of the First Judicial District, on habeas corpus. The case is stated in the opinion of the court. 1. An unconditional pardon, like the one in the case at bar, absolves the convict from all the consequences of guilt, except that it cannot divest private rights which have vested. 1 Bishop’s Cr. Law, 762; 1 Arch. Cr.
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Appeal from the decision of Hon. Lafayette Haugh-ton, Chancellor of the First Judicial District, on habeas corpus. The case is stated in the opinion of the court. 1. An unconditional pardon, like the one in the case at bar, absolves the convict from all the consequences of guilt, except that it cannot divest private rights which have vested. 1 Bishop’s Cr. Law, 762; 1 Arch. Cr. Law, 378; Thomas v. Sorrell, Yaugh. 330, 333; Hall v. Vaughan, 5 Co. 49 a. 2. To release the relator will not divest the rights of the parties to whom the costs are due. They have their remedy by suit for the debt. 1…
1Opinion of the CourtChalmers, J.
The relator was convicted of petit larceny, and sentenced to twelve months’ imprisonment in the county jail, and to pay the costs. He was granted an unconditional pardon by the governor during the term of his imprisonment; but the sheriff having 'refused to release him without payment of the costs, which were due to the officers of the court, the district attorney, and the witnesses, he brought this writ of habeas corpus to acquire his liberty. The question presented is, whether a pardoned convict can' be held in confinement in order to compel payment of the costs adjudged against him.
We…
2Cases cited3 opinions
- State v. FarleyIndiana Supreme Court · 1846
- Fugate v. CarterSupreme Court of Missouri · 1840
- White v. StateMississippi Supreme Court · 1872
3Cited by5 opinions
- Manlove v. StateIndiana Supreme Court · 1899
- Ex parte PurcellSupreme Court of Arkansas · 1895
- Ex parte MeyerMississippi Supreme Court · 1879
- Phillips v. StateMississippi Supreme Court · 1880
- State v. BurtMississippi Supreme Court · 1912