Ex parte Hawkins
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Thomas B. Martin, Chancellor. STATEMENT BY THE COURT. S. D. Hawkins filed a petition in the Pulaski chancery court for a writ of habeas corfiios. He alleged that in the year 1881 he was convicted of a felony in the Lonoke circuit court, and sentenced by that court to be imprisoned in the state penitentiary for the period of four years.
Read the full summary
Appeal from Pulaski Chancery Court. Thomas B. Martin, Chancellor. STATEMENT BY THE COURT. S. D. Hawkins filed a petition in the Pulaski chancery court for a writ of habeas corfiios. He alleged that in the year 1881 he was convicted of a felony in the Lonoke circuit court, and sentenced by that court to be imprisoned in the state penitentiary for the period of four years. That afterwards, on the 7th day of June, 1881, and while he was serving his sentence of imprisonment, the governor of the state granted him a pardon upon the express condition following : “That the said Hawkins should…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The first question for us to determine is whether the condition upon which the pardon was granted was valid or not. In other words, did the governor have power to annex to his pardon the condition that the petitioner should “depart from and remain without the borders of the state?” It is said, in Bacon’s Abridgment, that “it' seems agreed that the king may extend his mercy on what terms he pleases, and consequently may annex to his pardon any condition that he thinks fit, whether precedent or subsequent, on the performance whereof the validity of the…
2Cases cited3 opinions
- United States v. WilsonSupreme Court of the United States · 1833
- Ex Parte WellsSupreme Court of the United States · 1856
- Arthur v. CraigSupreme Court of Iowa · 1878
3Cited by14 opinions
- State v. HorneSupreme Court of Florida · 1906
- State ex rel. Davis v. HunterSupreme Court of Iowa · 1904
- Commonwealth v. MinorCourt of Appeals of Kentucky · 1922
- Spencer v. KeesWashington Supreme Court · 1907
- Williams v. BrentsSupreme Court of Arkansas · 1926
9 more not listed; retrieve them via the Exa API.