State v. Bruchinal

Superior Court of Delaware

State v. Bruchinal

2 Del. 528

Superior Court of Delaware·Decided October 5, 1832·Published

Opinion

A limited pardon does not restore the competency of the party as awitness. James Jones had been convicted of a felony, (kidnapping,) and the governor had, by a pardon, remitted "the fine, imprisonment, and corporal punishment." He was rejected when offered as a witness, the court holding that the pardon being a limited one and not *Page 529 general, the consequences of the judgment remain and he was, therefore, incompetent. State vs. Timmons. Sussex, Oct. Sessions, 1833.

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A limited pardon does not restore the competency of the party as awitness. James Jones had been convicted of a felony, (kidnapping,) and the governor had, by a pardon, remitted "the fine, imprisonment, and corporal punishment." He was rejected when offered as a witness, the court holding that the pardon being a limited one and not *Page 529 general, the consequences of the judgment remain and he was, therefore, incompetent. State vs. Timmons. Sussex, Oct. Sessions, 1833.

State v. Bruchinal, 2 Del. 528 (Del. Ct. App. 1832).

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