United States v. Brown

24 F. Cas. 1247, 4 D.C. 607, 4 Cranch 607

Opinion

The Court

however,

(Thruston, J., dissenting,)

sustained the objection and rejected the witness; being of opinion that the execution of the sentence, without any provision by statute to that effect, did not restore his competency.

The prisoner was acquitted.

The witness, Sandy Spriggs, was afterwards convicted of the same robbery, and sentenced to the penitentiary for four years only; he having probably prevented the other robbers from killing Milburne.

(See also the Maryland Act of 1793, c. 57, § 15, by which the service and labor, imposed as a punishment under that act, have the effect of a pardon ; from which special enactment it is to be inferred that without it, the punishment would not operate as a pardon.)