MotioN in the cause, heard before Schence, J., at Spring Term, 1S76, of Meciclenburg Superior Court. The defendant was convicted upon an indictment for murder at Spring Term, 1875, and sentenced to be hanged. From that judgment he appealed to this Court, where the judgment was affirmed. Subsequently the defendant was pardoned. Thereupon a capias was issued, and the defendant appeared in Court and moved the Court that he be-discharged.
Decided 1876-06-05
Rodjian, J.
¶1
We
concur with the counsel for the defendant that the Judge had no power at Spring Term, 1876, to amend the record of Spring Term, 1875, as of that term, by entering a judgment which, at that term, he had no power to render. He might at May Term, 1875, have given judgment against the defendant for costs, upon which a
fi. fa.
might have afterwards issued. But he could not then, in
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addition to the judgment that the defendant be capitally executed, have given judgment that he pay the costs and be imprisoned until they were paid, or until his discharge as an insolvent. Such a judgment would be inconsistent with itself.
¶2
So much of the judgment below as directs that the defendant be imprisoned until the costs are paid, is reversed.
¶3
Let this opinion be certified to the Superior Court of Meck-lenburg, to the end, &c.
