Roberts v. State
Appellate Division of the Supreme Court of the State of New York
Appeal from court of claims.. Claim by John Roberts against the state of New York for illegal imprisonment, in pursuance of Laws 1895, c. 342. From a judgment of §7,500 for claimant, both parties appeal. Ordered that "plaintiff’s claim be dismissed.
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Appeal from court of claims.. Claim by John Roberts against the state of New York for illegal imprisonment, in pursuance of Laws 1895, c. 342. From a judgment of §7,500 for claimant, both parties appeal. Ordered that "plaintiff’s claim be dismissed. On the 3d day of January, 1877, the plaintiff was arrested upon the charge of burglary, alleged to have been committed on the 22d day of December, 1876, at Long Island Oity, Queens county, N. Y. He was afterwards indicted for the said alleged crime in the said county, tried at a court of oyer and terminer held therein, convicted, and sentenced to…
1Opinion of the Court
PUTNAM,' J.
It is proper, in the first instance, to consider the effect of the pardon granted to the plaintiff by Gov. Robinson, on the 21st day of October, 1878, and his subsequent restoration to the rights of citizenship by Gov. Morton, on the 15th day of April, 1895.
•In the opinion rendered in U. S. v. Wilson, 7 Pet. 150-159, Marshall, J., uses the following language:
“A pardon is an act of grace, proceeding from the power intrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed.”
The same…
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