Supreme Court of Iowa, 1872

Estep v. Lacy

Estep v. Lacy
Supreme Court of Iowa · Decided December 12, 1872 · Day
35 Iowa 419
Estep v. Lacy

Cases that cite this one

11 later published cases cite this decision.

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Opinion of the Court

Day, J.

Upon tbe trial tbe fact that plaintiff bad received a full and unqualified pardon was proved, and it was admitted that defendant was entitled to a judgment, unless plaintiff was discharged from tbe payment of tbe costs in question by tbe pardon of tbe governor. In our opinion tbe court below ruled rightly. Although tbe costs follow tbe conviction as a necessary incident, yet they constitute a fund distinct from tbe fine, and are eventually due tbe witnesses and tbe various officers of tbe law.

They are not affected by a general pardon • discharging a convict from a fine and judgment of imprisonment. Upon this point see tbe following: County of Schuylkill v. Rufsnider, 46 Penn. 446; State v. McO'Blenis, 21 Mo. 272; Holliday v. The People, 6 Gill. 214; State v. Farley, 8 Blackf. 229; Ex parte McDonald, 2 Wharf. 440.

Affirmed.

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