1 Wright 377
Decided August 15, 1833
Ohio Supreme Court · decided 1833-08-15
Blanchard was convicted of stealing bank notes, and sentenced tobe imprisoned and to pay the costs. He received a general pardon from the governor. After this execution was issued for costs. Blanchard paid the money; but while it remained in the hands of the sheriff, moved the court to vacate the judgment and execution, and to have the money restored. The facts were admitted. The court being of opinion that the pardon 378] *did not embrace the costs, overruled the motion.
Decided 1833-08-15
¶1The pardon acquitted Blanchard of all the penalties annexed to the conviction ; 10 John. 332 ; Hawk. Pardon, Ch. 37, 8, 34, 5. The execution issued after pardon was void. It should have been set aside, and the money improperly collected on it, and then in court, should have been restored. The order is reversed.
¶2[Pardon relieves from costs. Commented on and distinguished (statute changed); Libby v. Nicola, 21 O. S. 414, 420.]