People v. Potter
New York Circuit Court
The prisoner was convicted of grand larceny at the September term of the General Sessions of New York, 1844, and sentenced to five years imprisonment in the State prison. Under that sentence he remained in prison until the 12th of April, 1845, when he received a pardon from the governor, “ on condition that he should, on or before the last day of the said month of April, depart from and out of the United States, and never return to the same.
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The prisoner was convicted of grand larceny at the September term of the General Sessions of New York, 1844, and sentenced to five years imprisonment in the State prison. Under that sentence he remained in prison until the 12th of April, 1845, when he received a pardon from the governor, “ on condition that he should, on or before the last day of the said month of April, depart from and out of the United States, and never return to the same. And in the event of his not complying with the said condition, the pardon should cease and be inoperative, and he should be arrested and imprisoned…
1Opinion of the Court
The Circuit Judge:
The commitment by the General Sessions to answer to the second indictment is not complained of by the prisoner on these proceedings, and is to be regarded as legal and valid. He has, however, the right to have the other causes of his detention inquired into and determined. (Ex parte Badgley, 7 Cow. 472.)
Those other causes involve the validity of the pardon, and in regard to that, three points are made for the prisoner:
1. That the governor has no right to grant a conditional pardon.
2. That, if he has, he has no power to impose exile or banishment from the United States as a…
2Cases cited3 opinions
- State ex rel. Attorney General v. McCartyIndiana Superior Court · 1872
- Ex parte BadgleyNew York Supreme Court · 1827
- People v. JamesNew York Supreme Court · 1804
3Cited by4 opinions
- Adree Edmo v. Corizon, Inc.Court of Appeals for the Ninth Circuit · 2020
- In re McKinneySuperior Court of Delaware · 1927
- Ex Parte SnyderCourt of Criminal Appeals of Oklahoma · 1945
- Coalition on Homelessness v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 2024