State v. . Underwood
Supreme Court of North Carolina
Motion, for discharge, by a defendant in a case of larceny, made before Buxton, T., at Eall Term 1869 of Union Court. The defendant had been convicted of larceny, and having appealed to the Supreme Court, judgment had been rendered there, that there was no error (63 N. C. 98,) and a transcript had been sent down accordingly.
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Motion, for discharge, by a defendant in a case of larceny, made before Buxton, T., at Eall Term 1869 of Union Court. The defendant had been convicted of larceny, and having appealed to the Supreme Court, judgment had been rendered there, that there was no error (63 N. C. 98,) and a transcript had been sent down accordingly. Thereupon, the Solicitor for the State moved for judgment; but the defendant, having produced an unconditional far cion from the Governor, moved that he be discharged, and that without paying costs. The Solicitor resisted the latter part of such motion. His Honor allowed…
1Opinion of the CourtSettle, J.
It has been a common practice in this State to grant pardons upon condition that the defendant pay all costs, &c.
Here, however, there is a general pardon of the offence, without condition. This was pleaded in open Court, after a prayer by the Solicitor for judgment. His Honor was of opinion that the effect of the pardon, was to discharge the defendant, and that he had no power to impose costs or any other conditions. In this opinion we concur.
In Baldry v. Packard, Cro. Charles, 47, cited upon the argument by the Attorney-General, which was a suit in the Spiritual Court for defamation, in…
2Cases cited1 opinion
- State v. . UnderwoodSupreme Court of North Carolina · 1869
3Cited by1 opinion
- State v. . MooneySupreme Court of North Carolina · 1876