In Re Anderson

In December of 1938 petitioner, .Frank B. Anderson, was found guilty by a jury of the felony of criminal conspiracy as defined in section 182 of the Penal Code. The date for sentence was set for January 4, 1939. On January 1, 1939, the then governor, Frank F. Merriam, upon application of petitioner, issued to petitioner an unconditional pardon. The trial court held the pardon invalid, and on January 4, 1939, proceeded to sentence petitioner, and to place him on probation on certain terms and conditions. The petitioner refused to accept the conditions imposed, whereupon probation was revoked.…