Roberts v. State
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, John Roberts, and by the. defendant, The State of New York, from a judgment of the Court of . Claims of the State of New York in favor of the plaintiff, bearing date the 25th day of September, 1897, and entered in the office of the clerk of said court, upon the decision of the court rendered after a trial.
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Cross-appeals by the plaintiff, John Roberts, and by the. defendant, The State of New York, from a judgment of the Court of . Claims of the State of New York in favor of the plaintiff, bearing date the 25th day of September, 1897, and entered in the office of the clerk of said court, upon the decision of the court rendered after a trial. On the 3d day of January, 1877, the plaintiff was arrested upon the charge of burglary, alleged to have been committed on the -22d day of December, 1876, at Long Island City, Queens, county, N. Y. He was afterwards indicted for the said alleged crime iu the…
1Opinion of the Court
Putnam, J.:
It is proper in the first instance to consider the effect of the pardon granted to the plaintiff by Governor Robinson on the 21st day of October, 1878, and his subsequent restoration to the rights of citizenship by Governor Morton on the 15th day of April, 1895.
In the opinion rendered in United States v. Wilson (7 Pet. 150, 159) Marshall, J., uses the following language: “ A pardon is an act of grace, proceeding from the power intrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has…
2Cases cited10 opinions
- Sinking-Fund CasesSupreme Court of the United States · 1879
- United States v. WilsonSupreme Court of the United States · 1833
- Knote v. United StatesSupreme Court of the United States · 1877
- In the Matter of ____, an AttorneyNew York Court of Appeals · 1881
- Cole v. . the State of New YorkNew York Court of Appeals · 1886
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3Cited by12 opinions
- State v. EdelsteinWashington Supreme Court · 1927
- People v. CarlesiAppellate Division of the Supreme Court of the State of New York · 1913
- Commonwealth Ex Rel. v. SmithSupreme Court of Pennsylvania · 1936
- Greene v. County of NiagaraNew York Court of Appeals · 1901
- Slewett & Farber v. Board of Assessors of County of NassauAppellate Division of the Supreme Court of the State of New York · 1981
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