Berry v. Sheehan
Court of Appeals of Kentucky
Case 66 — PETITION ORDINARY APPEAL FROM FRANKLIN CIRCUIT COURT. ' 1. The Governor respited the entire judgment except “commissions, fees and costs ” of officers. Hence, whatever defendant had forfeited to the Commonwealth by the offense was respited, leaving only the claims of officers for their services unrespited. Only that forfeited to the Commonwealth could be enforced by imprisonment.
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Case 66 — PETITION ORDINARY APPEAL FROM FRANKLIN CIRCUIT COURT. ' 1. The Governor respited the entire judgment except “commissions, fees and costs ” of officers. Hence, whatever defendant had forfeited to the Commonwealth by the offense was respited, leaving only the claims of officers for their services unrespited. Only that forfeited to the Commonwealth could be enforced by imprisonment. The claims of officers are mere debts to individuals, which can be enforced only by ordinary execution. (General Stats., chapter 5, article 4, section 5; Ibid., chapter 41, article 20, section 7; Revised…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion of the court.
The appellant, Berry, was indicted in the Franklin Circuit Court for suffering gaining on his premises, and on his trial was adjudged to pay a fine of two hundred dollars. Having failed to pay the judgment, he was imprisoned in the county jail.
During the month of March following, the Governor respited the collection of all the fine, except the commissions, fees, cost, etc., for the period of six months. The respite was handed to the jailer, and when the prisoner demanded his release the jailer refused, on the ground that the collection of the…
2Cited by2 opinions
- United States v. RascoeU.S. Navy-Marine Corps Court of Military Review · 1990
- Hager v. FranklinCourt of Appeals of Kentucky · 1904