
    The State against M’Carty.
    A pardon for a particularly specified^ of-operate as a prior”l felony e? in^suoiT' X>ardon.
    THE prisoner M-Cartu, was convicted of horse-stealing 1 J ° upon very clear testimony. His counsel however moved, in arrest of judgment, that he had a pardon from the go-Temor, under the great seal of the state, for an offence committed subsequent to the present ope, which it was contended, operated as a pardon for this offence also. Upon which he was ordered up to Columbia, agreeable to the terms of the constitution, to have the point argued in his presence He was accordingly brought up to Columbia on the 1st of December following, when the Chief Justice and all the Judges were present. The motion was then renewed, and the point fully argued by
    
      Holmes and Deas, for the prisoner, and
    
      The Solicitor of the southern circuit, for the state.
   The Court

having heard the counsel on both sides very fully, and having perused and inspected the pardon produced, which appeared to be a special one for the particular offence of which the prisoner had formerly been convicted, were all unanimously of opinion, that it did not operate as a bar to the prosecution for the present offence, or any other not particularly mentioned in the governor’s pardon.

Sentence of death was then pronounced on the prisoner ; but as the jury had recommended him to mercy, he received a second,pardon.  