Edwards v. Commonwealth

Citations

• 78 Va. 39
• 1883 Va. LEXIS 7

Syllabus

<p>1. Pardon-Effect.-The governor’s pardon relieves the offender not only of the punishment annexed to the offence whereof he was convicted, but of all penalties and consequences, including the additional punishment imposable not by reason of the sentence for the second offence alone, but in consequence of that sentence and the sentence in the former case-except, however, political disabilities growing out of his conviction and sentence.</p> <p>2. Idem-Exception.-Nor does such pardon restore an office forfeited, or rights become vested in others by reason of the conviction and sentence.</p> <p>3. Idem-Case at bar.-E was convicted in corporation court of D, of felony, in March, 3883, and sentenced to confinement in the penitentiary. In July, 1883, he was arraigned in the circuit court of Richmond, upon an information alleging that he had been before convicted and sentenced for a like offence, to-wit: in March, 1881. He pleaded a full pardon from the governor for the first offence, granted in April, 1882. A demurrer to this plea was sustained, and he was sentenced to a further term of five years in the penitential')', under Code 1873, ch. 195, l 25- On error-</p> <p>Held :</p> <p>1. The governor’s pardon having, in a legal sense, blotted out the first offence, it must be regarded as though it had never been committed.</p> <p>2. ' The demurrer to the plea should have been overruled.</p>