{(Same sjllabus as in State v. Alexander, ante 231 )
■Peabson, C. J. Dissenting.
{(State v. Alexander, ante, cited and approved.)
Indictment for Riot against the defendant and. twelve others, removed from New Hanover County , and tried at lEall Term, 1876, of Columbus Superior Court, before Mc-.Koy, J.
The jury rendered a verdict of guilty and the Court gave judgment that the defendant be imprisoned in the Penitentiary at hard labor for a term of three years and pay a fine of five hundred dollars. . The defendant appealed to this ■■Court and during the pendency of the appeal filed a plea of Pardon granted by Gov. Brogden on the 20th of. December, 1876.
Attorney General, for the State.
Messrs. Badger Devereux and JD. L. Bussell, for the defendant.
Reade, J.
The facts as to the pardon in this case, are the tsame as in State v. Alexander, at this term and the principles <of law are the same and the decision the same.
Pee, Cukiam. We declare that the defendant is entitled ito be discharged on the payment of the costs of this Court, .-and upon compliance with such other terms as the pardon prescribes.