State v. Jackson

Judge Cook, Judge Holden, and I are of the opinion that the right conferred by the third section of this statute, on a person convicted thereunder, of electing whether he will execute a bond to support his wife and children, or pay a fine, or suffer imprisonment, as the one or the other may be imposed, is not a pardon within the meaning of that term as used in the Constitution.

“The doctrine of the authorities is, that ‘a pardon reaches both the punishment prescribed for the offence, and the guilt of the offender,’ and that ‘it releases the punishment and blots out of existence the guilt, so…