In re Edymoin
New York Supreme Court
Francis B. Edymoin was convicted of burglary in the second degree, at Owego, in the county of Tioga, and was sentenced to confinement in the Auburn State Prison for five years. On the 9th of July, 1853, an unconditional pardon was granted to Edymoin, by His Excellency Horatio Seymour, Governor of the State.
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Francis B. Edymoin was convicted of burglary in the second degree, at Owego, in the county of Tioga, and was sentenced to confinement in the Auburn State Prison for five years. On the 9th of July, 1853, an unconditional pardon was granted to Edymoin, by His Excellency Horatio Seymour, Governor of the State. The pardon was duly recorded in the office of the Secretary of State, and Edymoin was discharged, by virtue of the pardon, September 2d, 1853. The facts in the case appear in the opinion of the judge.
1Opinion of the Court
Humphreys, County Judge.
A writ of habeas corpus was allowed in this case, returnable the 20th of August, 1853. The writ was in the usual form, and was directed to William Titus, warden of the State Prison, at Auburn, and was issued for the purpose of enquiring into the cause of the imprisonment and restraint, in said prison, of Francis B. Edymoin, otherwise called Francis B. Edymoire. The petition for the writ, which was verified, contained the following statement:
Francis B. Edymoin, the prisoner, was convicted of burglary in the second degree, at a court held in Tioga county, in October,…
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