137 Ky. 1 | Ky. Ct. App. | 1909
Opinion op the Court by
Affirming,
By section 77 of the Constitution, the Governor is given power to remit fines and forfeitures, commute sentences, grant reprieves and pardons, except in cases of impeachment. Under this section the Governor had full power and authority to remit so much of the fine as he did, and to pardon Felix Feltner so far as the jail ' sentence was concerned. When appellees undertook to pay the commonwealth $2 per day for each day of imprisonment, in case Felix Feltner failed to surrender himself in execution of the judgment of imprisonment, it was only with the understanding that the commonwealth had a right to demand that he surrender himself for the purpose of serving his term in jail. When the Governor acted, it was the act .of the commonwealth, and he thereby reliéved Feltner of the necessity of serving his jail sentence. The commonwealth can not, through its chief executive, pardon a man of an offense and, at the same time, demand that his sureties pay to it $2 for each day of his jail sentence, which he failed to serve only because of the pardon so granted to him. In other words, as Feltner was released from his liability to serve the jail sentence, appellees were released from their liability to pay. money in lieu of the jail sentence. Therefore the pardon was a complete defense to the action.
Judgment affirmed.