Kennedy's Case
Massachusetts Supreme Judicial Court
Petition for a writ of habeas corpus, dated February 10, 1883. Hearing before Devens, J., who reserved the case for the consideration of the full court, upon the following facts: In February, 1867, the petitioner was sentenced to imprisonment in the state prison for life, for the crime of arson, and was confined there until July 18, 1877, when he was discharged, by virtue of a warrant of pardon, granted by the Governor with the advice and consent of the Council, containing…
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Petition for a writ of habeas corpus, dated February 10, 1883. Hearing before Devens, J., who reserved the case for the consideration of the full court, upon the following facts: In February, 1867, the petitioner was sentenced to imprisonment in the state prison for life, for the crime of arson, and was confined there until July 18, 1877, when he was discharged, by virtue of a warrant of pardon, granted by the Governor with the advice and consent of the Council, containing the condition that, “ if before the expiration of said sentence he be convicted of any crime punishable by imprisonment,…
1Opinion of the CourtDevens, J.
The statutory provisions, the consideration of which is here invoked, are found in the Pub. Sts. c. 218, §§ 12-14. *51Briefly summarized, they provide that the Governor, with the advice of the Council, may, in all cases where a pardon is authorized, grant it, upon such conditions, with such restrictions, and under such limitations as he deems proper, and issue his warrant to carry the same into effect. When a convict is pardoned on conditions to be observed by him, which are violated, the warden of the state prison, or keeper of the jail or house of correction where he was confined, “ shall…
2Cases cited1 opinion
- West's CaseMassachusetts Supreme Judicial Court · 1873
3Cited by31 opinions
- Anderson v. AlexanderOregon Supreme Court · 1951
- Fuller v. StateSupreme Court of Alabama · 1898
- In re Conditional Discharge of ConvictsSupreme Court of Vermont · 1901
- KeenanMassachusetts Supreme Judicial Court · 1941
- In re ProutIdaho Supreme Court · 1906
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