Ex Parte Davenport

The appellant, on February 23, 1926, was convicted of the offense of murder and sentenced to imprisonment in the State Penitentiary for a period of ninety-nine years. Pending his appeal to the Court of Criminal Appeals, he attempted an escape. Upon an uncontroverted affidavit showing that fact, the appeal was dismissed. On the 5th of January, 1927, the Governor of the State issued a conditional pardon, which in part reads as follows:

"WHEREAS, defendant is granted a full pardon subject to the condition that the said defendant, Gratton Davenport, is and be hereafter confined, restrained and…