Ex parte Powell
Supreme Court of Alabama
Application to this court for a writ of habeas corpus, the writ having been refused by the Hon. Samuel H. Sprott, ■Judge of the Sixth Judicial Circuit. The ground of the application was, that the relator had been pardoned of the crime, of which he had been convicted, and for which he was held in'custody.
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Application to this court for a writ of habeas corpus, the writ having been refused by the Hon. Samuel H. Sprott, ■Judge of the Sixth Judicial Circuit. The ground of the application was, that the relator had been pardoned of the crime, of which he had been convicted, and for which he was held in'custody. The facts necessary to an understanding of the points decided are sufficiently stated in the opinion, except that it may be added that, after the warden of the penitentiary returned the pardon to the Governor, as stated in the opinion, the Governor -withheld it from the prisoner. cited 2…
1Opinion of the CourtSomerville, J.
— The present case involves the question as to the validity of a pardon, alleged to have been granted to-the relator by the Governor of Alabama. The undisputed facts show, that the petitioner was convicted of the crime of grand larceny, in the Circuit Court of Dallas county, in September, 1882 ; being sentenced by the judgment of the conidio four years imprisonment in the State penitentiary. This-judgment was affirmed on appeal to this court, on the 16th day of June, 1883.
Upon application being made to the Governor, after this-conviction, in due form of law, by the petitioner, asking for a…
2Cases cited5 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- United States v. WilsonSupreme Court of the United States · 1833
- Elsberry v. BoykinSupreme Court of Alabama · 1880
- Ex parte RenoSupreme Court of Missouri · 1877
- State v. BaptisteSupreme Court of Louisiana · 1874
3Cited by12 opinions
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Ex Parte CrumpCourt of Criminal Appeals of Oklahoma · 1913
- Carpenter v. LordOregon Supreme Court · 1918
- Jamison v. FlannerSupreme Court of Kansas · 1924
- State Ex Rel. Bottomly v. District CourtMontana Supreme Court · 1925
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