Cole v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; The Governor has the right of pardon pending an appeal. 27 Ark. 469; 76 N. C. 231, 22 Am. Rep. 675; 27 Am. & Eng. Enc. Law, 323 and note. An appellant can always dismiss his appeal before final judgment with or without a reason.
1Opinion of the Court
PRR Curiam.
Cole was convicted in the Fort Smith District of Sebastian County for the crime of Sabbath breaking, and fined $50, and has appealed. While his appeal was pending in this court, the Acting Governor issued him a pardon, which appears to be in the usual form, pardoning and absolving him from the said judgment and from the effects and consequences thereof.
Appellant thereafter filed a motion, exhibiting said pardon in court, praying that his appeal be dismissed, and that judgment be rendered against the State for the cost of the briefs.
The Constitution gives the Governor the power “to…
2Cases cited3 opinions
- State v. AlexanderSupreme Court of North Carolina · 1877
- State v. CarsonSupreme Court of Arkansas · 1872
- Ex parte PurcellSupreme Court of Arkansas · 1895
3Cited by3 opinions
- Baker v. StateCourt of Criminal Appeals of Texas · 1913
- In Re ChambersNorth Dakota Supreme Court · 1939
- McInturf v. StateSupreme Court of Arkansas · 1927