State v. Carson
Supreme Court of Arkansas
QUO WARRANTO. Persons convicted of malfeasance in office, or crimes punishable by law with imprisonment in the penitentiary, cannot hold office in this State. Constitution, 5th clause, Sec.. 3, of Art. 8; Sec. 4, page 383 Gould’s Digest. Every attempt to exercise the functions of an office, after conviction, is an usurpation. The Commomoealth ts. Fugate,2 Leigh (Va. R.) 724, and cases there cited.
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QUO WARRANTO. Persons convicted of malfeasance in office, or crimes punishable by law with imprisonment in the penitentiary, cannot hold office in this State. Constitution, 5th clause, Sec.. 3, of Art. 8; Sec. 4, page 383 Gould’s Digest. Every attempt to exercise the functions of an office, after conviction, is an usurpation. The Commomoealth ts. Fugate,2 Leigh (Va. R.) 724, and cases there cited. A pardon does not restore offices forfeited, or property, or interests vested in others, in consequence of the conviction - and judgment. JESx parte Q-arland, 4 Wallace, 333, and cases there cited.
1Opinion of the CourtMcClure, C. J.
Carson was probate and county judge of Craighead county, and, prior to the filing of the information, was convicted of a felony, and sentenced to confinement in the penitentiary. Erom the judgment of the Circuit Court he appealed to this court. During the pendency of the causein this court, Carson obtained a pardon from the Governor, and pleaded the same in bar to the suit then pending. The Attorney General confessed the pardon and its truth, and Carson was 'discharged..
After these proceedings were had, Carson returned to his home and continued to exercise the duties and functions of' the…
2Cited by13 opinions
- Nguyen v. STATE HEALTH MED. QUALITY ASSUR.Washington Supreme Court · 2001
- State Ex Rel. Attorney General v. IrbySupreme Court of Arkansas · 1935
- State v. HazzardWashington Supreme Court · 1926
- Jamison v. FlannerSupreme Court of Kansas · 1924
- In Re Petition of AndersonSupreme Court of Arkansas · 1993
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