In re Moore
Wyoming Supreme Court
PETITION of James Moore for writ of babeas corpus, who claimed to be entitled to a discharge from the penitentiary by reason of a pardon granted him by the Secretary of State as acting Governor.
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PETITION of James Moore for writ of babeas corpus, who claimed to be entitled to a discharge from the penitentiary by reason of a pardon granted him by the Secretary of State as acting Governor. The return of the warden of the penitentiary denied the validity of the pardon, alleging that the same was issued without any previous notice to the county and prosecuting attorney, and that no notice of such application had been published as required by law; and further that at the time the pardon was granted, the Secretary of State was not the then acting Governor for the reason that at a special…
1Opinion of the Court
CONAWAY, JUSTICE.
This is a petition for the writ of habeas corpus, and for a discharge of the petitioner from imprisonment.
It appears from the pleadings that petitioner is restrained of his liberty in the penitentiary at or near Laramie, by virtue of a mittimus issuing from the district court of the First Ju*103dicial District for Laramie County, upon his conviction therein of the crime of grand larceny, and that his term of imprisonment has not expired. He claims by his petition that such restraint is illegal, because on December 38th, 1893, Amos W. Barber, Secretary of State and acting Governor…
2Cases cited4 opinions
- State Ex Rel. Morris v. BulkeleySupreme Court of Connecticut · 1892
- State ex rel. Benton v. ElderNebraska Supreme Court · 1891
- State v. MackinMissouri Court of Appeals · 1890
- In re EdymoinNew York Supreme Court · 1852
3Cited by21 opinions
- Thompson v. TalmadgeSupreme Court of Georgia · 1947
- Jamison v. FlannerSupreme Court of Kansas · 1924
- State ex rel. Irvine v. BrooksWyoming Supreme Court · 1906
- Kennedy v. StateWyoming Supreme Court · 1979
- Hollibaugh v. HehnWyoming Supreme Court · 1905
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