
    The State against Frink.
    "Where a prisoner is convicted of manslaughter, and recommended to mercy by the jury, the coürt will, on circuit, postpone the sentence till the first day of the ensuing terra, in order to give him an opportunity of applying to the governor for a pardon; and, m the' mean time, admit him to bail for his appearance.
    See 2 Jlawh. 106. also 2 Hale, jP. C. 101, 102. 129. ?$1. -
    IN this case, the prisoner, Frink, was convicted of manslaughter : but on account of some favourable circumstances which appeared on the trial, the jury thought propet to recommend him to mercy.
    On the last day of the sessions, he was brought up to receive sentence of burning in the hand, which had been usually inflicted instanter in open court. As the jury j however, had recommended him as a fit object for the clemency of the executive, and this being the last day of the court8 and there being no possibility of the prisoner’s procuring a pardon before the final adjournment of the sessions, from the circumstance of the governor being in Charleston,
   Bay, J.

who presided, sentenced him to be burnt in the hand on the first day of the ensuing November sessions.The case being a new and singular one, he thought proper to consult

Waties, J.

who was then in Georgetown, on the occasion, and who readily concurred with him, that there was no other way left for the court to give the prisoner an opportunity of availing himself of the benefit of the recommendation of the jury, but by thus postponing the execution of the sentence till the following court. Mr. Justice-Waties also mentioned, that there had been a similar postponement, in a case of the same kind, on the southern cn> cuit, but he did not then recollect the prisoner’s name.

Prisoner was admitted to bail for his appearance on thfy first clay of the ensuing November sessions.  