Legal Opinion

Perkins v. Stevens

Massachusetts Supreme Judicial Court

Decided April 15, 1834PublishedCited by 2 opinions

Trover. At the trial, before Wilde J., the plaintiff offered in evidence the deposition of Alexander D. M‘Kenzie ; to which the defendant objected, on the ground that M‘Kenzie was incompetent as a witness, having been convicted in the Municipal Court, at Boston, of the crime of forgery.

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Trover. At the trial, before Wilde J., the plaintiff offered in evidence the deposition of Alexander D. M‘Kenzie ; to which the defendant objected, on the ground that M‘Kenzie was incompetent as a witness, having been convicted in the Municipal Court, at Boston, of the crime of forgery. The plaintiff then produced a paper, denominated by E. D. Bangs, the secretary of the Commonwealth, “ A copy of the original charter of pardon,” dated June 5th, 1827, whereby the governor, with the advice of the council, “remitted ” to M‘Kenzie, “ the residue of the punishment he was sentenced to endure ” in…

1Opinion of the Court

Morton J.

delivered the opinion of the Court. The conviction of the witness rendered him incompetent. A general pardon would unquestionably restore his competency. Gilb. Ev. 256, 260 ; 2 Stark. Ev. 715, 720. The executive, during the execution of the sentence upon the witness, remitted to him “ the residue of the punishment he was sentenced to endure.” What effect did this act of clemency have upon the civil disability of the convict ?

That it is the intention of the executive to make a distinction between the effect of the remission of a part of a sentence, and of a pardon of the offence, is…

2Cited by2 opinions

  1. Diehl v. RodgersSupreme Court of Pennsylvania · 1895
  2. Goo v. Hee FatHawaii Supreme Court · 1941

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