 A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if...  American Law Reports Annotated - Page 3841927Full view - About this book
 | Richard Burn - Justices of the peace - 1793 - 786 pages
...but may alfo be a good vvitneis, notwithilar.ding the attainder or conviction ; becaufe the pardon makes him as it were a new man, and gives him a new capaciîy and credit. 2 Haw. 395. But it feems to be the better opinion, that the pardon of a conviction... | |
 | Leonard MacNally - Evidence, Criminal - 1802 - 418 pages
...traitor or a felon, after the time of the pardon, but may alfo be a geod witnefs : becaufe the pardon makes him as it were a new man, and gives him a new capacity and credit. 2 Hawk. PI. Cr. ca. 37. and ca. 46. t HAI.E, to the fame point fays, if the .king... | |
 | Richard Burn - Justices of the peace - 1845 - 1304 pages
...recent act of 6 & 7 Viet. c. 85, « ?ood witness, notwithstanding the attainder or conviction. The rara makes him, as it were, a new man, and gives him a new capacity :re>w. (-2 Hatch, c. 37, s. 48.) But it seems to have been the *c trinionthat the pardon of... | |
 | Samuel Warren - Election law - 1852 - 828 pages
...unto it;' and in Hawkins' Pleas of the Crown, it is said, on the authority of Holt, CJ, 'the pardon makes him, as it were, a new man, and gives him a new capacity and credit.'* This doctrine was to its full extent recognized and acted upon in Ex parte Barber,... | |
 | Nathan Howard (Jr.) - Civil procedure - 1867 - 636 pages
...guilt, so that in the eye of the law the offender is as innocent as if he never committed the offense. If granted before conviction, it prevents any of the...new man, and gives him a new credit and capacity. There is only this limitation to its operation — it does not restore offices forfeited, or property... | |
 | 1867 - 312 pages
...that, in the eye of the law, the offender is as innocent as if he had never committed the offence. If granted before conviction, it prevents any of the...new man. and gives him a new credit and capacity/' Thus far the majority report quotes, but we add another passage or two equally strong : "The pardon... | |
 | United States. Supreme Court - Courts - 1867 - 732 pages
...Garland, 333. 2. A pardon reaches the punishment prescribed for an offence and the guilt of the offender. If granted before conviction it prevents any of the...disabilities and restores him to all his civil rights. It gives him a new credit and capacity. There is only this limitation to its operation : it does not restore... | |
 | Campaign literature - 1868 - 424 pages
...that, in the eye of the law, the offender is as innocent as if he had never committed the offense. If granted before conviction, it prevents any of the...new man, and gives him a new credit and capacity. There is only this limit to its operation: it does not restore offices forfeited, or property or interests... | |
 | George Washington Paschal - Constitutional law - 1868 - 538 pages
...innocent as if he had never committed the offense. If granted before conviction, it prevents any of the disabilities consequent upon conviction from attaching...new man, and gives him a new credit and capacity. Ex parte Garland, 4 Wallace, 380, 3S1. This, court is obliged to conform to these principles. Judge... | |
 | George Washington Paschal - Constitutional law - 1868 - 438 pages
...committed the offense. If granted before conviction, it prevents any of the disabilities con sequent upon conviction from attaching ; if granted after...new man, and gives him a new credit and capacity. Ex parte Garland, 4 Wallace, 380, 381. This court is obliged to conform to these principles. Judge... | |
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