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1 S.C.L. 334

State v. M'Carty

Pennsylvania Court of Common Pleas

Decided November 15, 1793

Pennsylvania Court of Common Pleas · decided 1793-11-15

THE prisoner M-Cartu, was convicted of horse-stealing 1 J ° upon very clear testimony. His counsel however moved, in arrest of judgment, that he had a pardon from the go-Temor, under the great seal of the state, for an offence committed subsequent to the present ope, which it was contended, operated as a pardon for this offence also.

Decided 1793-11-15

The Court

¶1having heard the counsel on both sides very fully, and having perused and inspected the pardon produced, which appeared to be a special one for the particular offence of which the prisoner had formerly been convicted, were all unanimously of opinion, that it did not operate as a bar to the prosecution for the present offence, or any other not particularly mentioned in the governor’s pardon.

¶2Sentence of death was then pronounced on the prisoner ; but as the jury had recommended him to mercy, he received a second,pardon.

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