Legal Opinion

Jones v. Board of Registrars of Alcorn County

Mississippi Supreme Court

Decided April 15, 1879PublishedCited by 20 opinions

ERROR to the Circuit Court of Alcorn County. Hon. J. A. Green, Judge. ' A petition for a writ of mandamus, to compel the board of registrars of Alcorn County to register the plaintiff in error as a voter, was denied on the ground that he had been convicted of the embezzlement of United States funds while acting as postmaster, and sentenced, by the Eederal Court for the Northern District of Mississippi, to imprisonment for two years in the penitentiary, although he had been…

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ERROR to the Circuit Court of Alcorn County. Hon. J. A. Green, Judge. ' A petition for a writ of mandamus, to compel the board of registrars of Alcorn County to register the plaintiff in error as a voter, was denied on the ground that he had been convicted of the embezzlement of United States funds while acting as postmaster, and sentenced, by the Eederal Court for the Northern District of Mississippi, to imprisonment for two years in the penitentiary, although he had been pardoned by the president of the United States before his term of imprisonment expired. ■ 1. The offence of embezzlement…

1Opinion of the CourtCampbell, J.

The doctrine of the authorities is, that “ a pardon reaches both the punishment prescribed for the offence, and the guilt of the offender,” and that “it releases the punishment and blots out of existence the guilt, so that, in the eye of the* law, the offender is as innocent as if he had never committed the offence.” “If granted after conviction, it removes the penalties and disabilities, and restores him [the convict] to all his civil rights; it makes him, as it were, a new man, and gives him anew credit and capacity.” Ex parte Garland, 4 Wall. 333, 380; United States v. Padelford, 9 Wall.…

2Cases cited5 opinions

  1. Ex Parte GarlandSupreme Court of the United States · 1867
  2. United States v. KleinSupreme Court of the United States · 1872
  3. Knote v. United StatesSupreme Court of the United States · 1877
  4. Carlisle v. United StatesSupreme Court of the United States · 1873
  5. United States v. PadelfordSupreme Court of the United States · 1870

3Cited by20 opinions

  1. Commonwealth v. QuarantaSupreme Court of Pennsylvania · 1928
  2. State v. PageSupreme Court of Kansas · 1899
  3. Jamison v. FlannerSupreme Court of Kansas · 1924
  4. Zachary Polk v. State of MississippiMississippi Supreme Court · 2014
  5. Ex Parte CrislerMississippi Supreme Court · 1931

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