State v. Horne
Supreme Court of Florida
This case was decided by the court en banc. Writ of error to the Circuit Court for Gadsden County. STATEMENT. On July 25, 1906, the defendant in error, by counsel, presented to the Chief Justice of this court a petition for a writ of hateas corpus sworn to by the petitioner in which it is stated that “the petitioner is unlawfully, as he apprehends, restrained of his liberty by” the sheriff of Leon County, Florida, who “holds petitioner in custody by virtue of a revocation of…
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This case was decided by the court en banc. Writ of error to the Circuit Court for Gadsden County. STATEMENT. On July 25, 1906, the defendant in error, by counsel, presented to the Chief Justice of this court a petition for a writ of hateas corpus sworn to by the petitioner in which it is stated that “the petitioner is unlawfully, as he apprehends, restrained of his liberty by” the sheriff of Leon County, Florida, who “holds petitioner in custody by virtue of a revocation of pardon or commitment * * * “and does not hold him by virtue of any other writ or process;” that on April 15, 1898, in…
1Per curiam
(after statmg the facts) : Where a prisoner has accepted a conditional pardon and has been released from imprisonment by virtue thereof, but has violated or failed to perform the condition, conditions, or any of them, the pardon in case of a condition precedent, does not take effect, and in case of a condition subsequent, becomes void, and the criminal may thereupon be re-arrested and compelled to undergo the -punishment imposed by his original sentence, or so much thereof as he had not suffered at the time of his release.
Sometimes conditional pardons expressly provide that, upon violation of…
2Cases cited12 opinions
- Fuller v. StateSupreme Court of Alabama · 1898
- Dolan's CaseMassachusetts Supreme Judicial Court · 1869
- Arthur v. CraigSupreme Court of Iowa · 1878
- In re Conditional Discharge of ConvictsSupreme Court of Vermont · 1901
- Alvarez v. StateSupreme Court of Florida · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Mitchell v. GreenoughCourt of Appeals for the Ninth Circuit · 1938
- Anderson v. AlexanderOregon Supreme Court · 1951
- Fleenor v. HammondCourt of Appeals for the Sixth Circuit · 1941
- Ex Parte RidleyCourt of Criminal Appeals of Oklahoma · 1910
- State Ex Rel. Gordon v. ZangerleOhio Supreme Court · 1940
39 more not listed; retrieve them via the Exa API.