Duke v. State

ON MOTION TO WITHDRAW REHEARING.

MORROW, Presiding Judge.

A judgment of affirmance was entered on October 6, 1926, and appellant’s motion for rehearing was filed on the 21st of October, 1926. On the 26th of January, 1927, appellant filed a motion to withdraw his motion for rehearing reciting that he has been granted an unconditional pardon. His request for permission to withdraw is opposed by state’s counsel upon the ground that the constitution does not sanction the granting of a pardon until after conviction, and that by the term “conviction” as used in the constitution, is meant final…