Legal Opinion

Commonwealth v. Bush

Court of Appeals of Kentucky

Decided February 22, 1865PublishedCited by 4 opinions

CASE 18 — INDICTMENT APPEAL PROM LYON CIRCUIT COURT. cited sec. 10, art. 3, Const, of Kentucky; 7 Peters, 160; 2 Bouv. Law Diet., 215; 4 Bl. Com., 394; Story on the Const., sec. 1492; 14 B. Mon., 392.

1Opinion of the Court

JUDGE ROBERTSON

delivered the opinion op the court:

This appeal seeks the reversal of a judgment dismissing an indictment on a plea of pardon by the Governor of Kentucky pending the prosecution and before conviction.

The appellant insists that the constitution conferred on the Governor no power to pardon until after conviction.

The constitution provides, that “He shall have power to remit fines and forfeitures, grant reprieves and pardons, except in cases of impeachment.”

This court has never had occasion, hitherto, to decide on the extent of the power thus defined and delegated.

A fine or…

2Cited by4 opinions

  1. George v. LillardCourt of Appeals of Kentucky · 1899
  2. Jamison v. FlannerSupreme Court of Kansas · 1924
  3. Fletcher v. GrahamKentucky Supreme Court · 2006
  4. Fletcher v. GrahamKentucky Supreme Court · 2006

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