Sterling v. Drake
Ohio Supreme Court
Motion for leave to .file a petition in error to reverse the judgment of the Court of Common Pleas of Malioning ■county. At a regular term of the Court of Common Pleas of Ma-honing county, to wit, on tbe 9th of April, 1877, Charles M. Sterling made application to the court for a writ of habeas corpus, representing that he was imprisoned by the sheriff of Mahoning county without any legal authority, under color of a pretended warrant and commitment of the governor of Ohio.
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Motion for leave to .file a petition in error to reverse the judgment of the Court of Common Pleas of Malioning ■county. At a regular term of the Court of Common Pleas of Ma-honing county, to wit, on tbe 9th of April, 1877, Charles M. Sterling made application to the court for a writ of habeas corpus, representing that he was imprisoned by the sheriff of Mahoning county without any legal authority, under color of a pretended warrant and commitment of the governor of Ohio. The writ was issued, and on the 11th day of April, 1877, the sheriff made the following return thereon: “ The State of…
1Opinion of the CourtGilmore, J.
The only points made in this case are these:
1. That the governor had no power to reprieve Sterling without his assent thereto.
2. That the governor had no authority to order the execution of the sentence of death after the day fixed by the court for the execution of the sentence had passed.
I have been unable to find a single decided case relative-*460to executive reprieves by virtue of the constitutional provisions of any state in the Union, or relative to reprieves in England by virtue of this prerogative of the crown, that has the slightest bearing upon either of the points stated. There is one…
2Cited by15 opinions
- Fuller v. StateMississippi Supreme Court · 1911
- State v. BoykinOhio Supreme Court · 2013
- State Ex Rel. Gordon v. ZangerleOhio Supreme Court · 1940
- Singleton v. StateSupreme Court of Florida · 1896
- Smith v. MyersIndiana Supreme Court · 1887
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