Legal Opinion

Flavell's Case

Supreme Court of Pennsylvania

Decided December 15, 1844PublishedCited by 14 opinions

HABEAS CORPUS to bring up the body of Wesley Flavell, who was in prison under sentence of the Court of Oyer and Terminer of the city and county of Philadelphia on conviction of murder in the second degree. The prisoner claimed his discharge under the following pardon: Pennsylvania, ss. In the name and by the authority of the Commonwealth of Pennsylvania— David R. Porter.

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HABEAS CORPUS to bring up the body of Wesley Flavell, who was in prison under sentence of the Court of Oyer and Terminer of the city and county of Philadelphia on conviction of murder in the second degree. The prisoner claimed his discharge under the following pardon: Pennsylvania, ss. In the name and by the authority of the Commonwealth of Pennsylvania— David R. Porter. David R. Porter, Governor of the ‘said Commonwealth— To all to whom these presents shall come, sends greeting:— Whereas at a Court of Oyer and Terminer, held in and for the city and county of Philadelphia at September…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The charter to William Penn gave power to him and his heirs and their deputies and lieutenants to remit, release, pardon and abolish (whether before judgment or after) all crimes and offences whatsoever committed against the laws, treason and wilful and malicious murder only excepted, and in those cases to grant reprieves until the king’s pleasure might be known therein. The Constitution of 1776 imitated this modification of the Executive power, substituting the Legislature for the Crown. The power there given was to grant pardons and remit…

2Cited by14 opinions

  1. Barry v. TrauxNorth Dakota Supreme Court · 1904
  2. Woodward v. MurdockIndiana Supreme Court · 1890
  3. People v. MarshMichigan Supreme Court · 1900
  4. Ex parte MarksCalifornia Supreme Court · 1883
  5. Narcise v. Eastern State Pen.Superior Court of Pennsylvania · 1939

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