State v. Hawkins

The opinion of the court was delivered by

Dunbar, J.

Appellant was convicted of murder in the first degree, and judgment and sentence of execution was pronounced. From such judgment appeal is taken to this court. The first assignment of error is that the court erred in permitting Hon. Henry McBride, the lieutenant governor of this state, to appear and prosecute said defendant. This assignment is based upon the fact that the law creates the governor of this state a court of mercy, in which is vested the pardoning power and the right to commute the death sentence; that under the law the party…