Wilkerson v. Allan

Citations

• 23 Va. 10

Syllabus

<p>A. is indicted for a misdemeanor, and the jury find him guilty and assess his fine at $500: and the court sentences him to be impri- ' for four months,'and until he pays the fine. The Governor remits so much of the sentence as orders A.’simprisonment for four months; and the jailor discharges him from custody. The Commonwealth then sues out a capiaspro fine, under which A. is taken into custody by the sheriff; and he then applies for a writ of habeas corpus, and asks for his discharge. Held :</p> <p>1. The Governor has no authority to remit the fine, and does not intend it by his pardon. See Code of 1860, ch. 17, §§24 & 25, p. 122.</p> <p>2. The effect of the pardon was to remit the four months’ imprisonment; but it did not affect the remaining part of the judgment.</p> <p>3. The discharge of A. by the sheriff did not discharge his liability for the fine to the Commonwealth; and he may be taken in execution by a capias pro fine.</p> <p>4. For the distinction between a capias pro fine, and a ca. sa., see the opinion of Christian, J.</p> <p>5. How a person in custody under a capias pro fine may obtain his discharge, see Code of 1860, oh. 209, §§ 19-20.</p>