Fuller v. State
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. Heard before the Hon. J. B. Gaston. On April 1, 1899, the appellant, Brooks Fuller, by his attorney, filed a petition, addressed to the Judge of Probate of Montgomery County.
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Appeal from the Probate Court of Montgomery. Heard before the Hon. J. B. Gaston. On April 1, 1899, the appellant, Brooks Fuller, by his attorney, filed a petition, addressed to the Judge of Probate of Montgomery County. This petition was as follows: “The petitioner alleges that he is illegally restrained of his liberty and detained in the custody of the' said W. W. Jones for and on account of the Board of Convict Inspectors, or for and on account of the State of Alabama: because, First. That the Governor of the said State of Alabama had no authority to order his re-commitment to the…
1Opinion of the CourtMcCLELLAN, C. J.
Section 12 of Article V of the Constitution confers the pardoning power on the Governor in this language: “The Governor shall have power to remit fines and forfeitures, under such rules and regulations as may be prescribed by law, and after conviction, to grant reprieves, commutation of sentence, *37and pardons, except in cases of treason and impeachment.”
It' is the settled law that this grant includes power to grant conditional pardons, the condition to be either precedent or subsequent, and of any nature so long as it is not illegal, immoral, or impossible of performance; and that a breach of…
2Cases cited4 opinions
- Arthur v. CraigSupreme Court of Iowa · 1878
- Kennedy's CaseMassachusetts Supreme Judicial Court · 1883
- Conlon's CaseMassachusetts Supreme Judicial Court · 1889
- West's CaseMassachusetts Supreme Judicial Court · 1873
3Cited by66 opinions
- Anderson v. AlexanderOregon Supreme Court · 1951
- Ex Parte RidleyCourt of Criminal Appeals of Oklahoma · 1910
- State v. HorneSupreme Court of Florida · 1906
- In re Conditional Discharge of ConvictsSupreme Court of Vermont · 1901
- In re ProutIdaho Supreme Court · 1906
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