State v. Alexander
Supreme Court of North Carolina
Bardon — Definition of “ Conviction.” ■ INDICTMENT for Larceny tried at Fall Term, 1876, of IMeckxenburg Superior Court, before Schenek, J. There was a verdict of guilty in the Court below, and j udgment that defendant be imprisoned in the Penitentiary for a term of five years at hard labor. From this judgment the defendant appealed.
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Bardon — Definition of “ Conviction.” ■ INDICTMENT for Larceny tried at Fall Term, 1876, of IMeckxenburg Superior Court, before Schenek, J. There was a verdict of guilty in the Court below, and j udgment that defendant be imprisoned in the Penitentiary for a term of five years at hard labor. From this judgment the defendant appealed. When the case was called for argument in this Court upon the merits, the defendant entered a plea of Pardon granted on 27th of December, 1876,by Curtis .H. Brogden, the then Governor of the State. The question as to whether the plea should be allowed "during the…
1Opinion of the CourtReade, J.
The pardoning power is a useful one. It answers about the same purpose in the administration of criminal matters that equity does in the administration of civil matters. Equity supplies that wherein the law by reason ■of its universality is deficient; ■ and pardons supply that wherein the criminal law by reason of its universality is deficient. It is however capable of abuse. And the provision in our Constitution which allows its exercise only after itrial and conviction is intended to prevent its abuse.
*232At common law the Crown exercised the power of pardom at any time. The consequence was…
2Cases cited1 opinion
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
3Cited by20 opinions
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- Baker v. StateCourt of Criminal Appeals of Texas · 1913
- Ex parte BrownCalifornia Supreme Court · 1885
- Smith v. CommonwealthSupreme Court of Virginia · 1922
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