People ex rel. Brackett v. Kaiser
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Cochrane, P. J.:
The power of the Governor to grant commutations “ upon such conditions and with such restrictions and limitations, as he may think proper ” is given by the Constitution. (State Const, art. 4, § 5.) Nothing is better settled than that such power also exists at common law and that conditions of any nature may be attached to the exercise of such power provided only such conditions are not illegal, immoral or impossible of performance. (7 Bacon Abr. 412; 4 Black. Comm. 401; Ex parte Wells, 18 How. [U. S.] 307; People v. Potter, 1 Park. Cr. Rep. 47.) In Fuller v. State of Alabama…
2Cases cited7 opinions
- State v. HorneSupreme Court of Florida · 1906
- In re ProutIdaho Supreme Court · 1906
- People v. BurnsNew York Supreme Court · 1894
- Ex Parte KellyCalifornia Supreme Court · 1908
- People v. PotterNew York Supreme Court · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- People Ex Rel. Atkins v. JenningsNew York Court of Appeals · 1928
- People ex rel. Mongno v. LawesAppellate Division of the Supreme Court of the State of New York · 1928
- White v. StateNew York Court of Claims · 1938
- Bitz v. CanavanAppellate Division of the Supreme Court of the State of New York · 1939
- People ex rel. Page v. BrophyAppellate Division of the Supreme Court of the State of New York · 1936
14 more not listed; retrieve them via the Exa API.