Commonwealth v. Drew
4 Mass. 391
Opinion
did not inquire into the truth of these allegations ; observing that if they were proved, they could not avail the prisoner .on any legal principles, by which alone the Court must be bound; and if they supported any equitable claims to favor for the prisoner, he might apply to the supreme executive, who had power [*400] to cause the sentence to be * executed, or who could pardon it absolutely, or on condition, at its discretion.
Judgment of death was then pronounced against the prisoner
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Commonwealth v. Drew, 4 Mass. 391 (Mass. 1808).
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